Next step for getting security deposit back?

[Kriesa]

I'm hoping that you can give me some advice on how to get my full security deposit back.

The landlord's son, who runs the apartment complex office on a day-to-day basis, had verbally agreed that we could stay a month beyond our lease, which ended on July 31. He also told us that they were anxious to turn the apartment around, and said that if we were to move out before the end of the month, they'd prorate our rent.

We found a new apartment before the end of July, and arranged with the landlord's son that we would have our walkthrough on August 14, and pay half our usual month's rent. We did so, and he had no complaints during the walkthrough.

We just received our security deposit today, October 2. It is minus the the other half of the rent for the full month of August. We called the landlord, and he said that they don't do prorated rent, and his son shouldn't have told us that they would. Also, they took out $100 for carpet cleaning. Shouldn't cleaning the carpet before they get a new tenant be standard procedure? There were no stains; just normal traffic from the two years we lived there.

What should our next step be? I've lived in seven apartments over the last 12 years, and this is the first time I've ever had a problem getting my security deposit back.

 

[Gail_in_Georgia]

If you do not agree with what was kept out of your security deposit, you write a letter to the landlord stating what you feel is the correct amount that they should send you. Give them a deadline for when you expect these funds.

If they disagree or they don't respond your next step is to considering whether it is worth it for you to file a lawsuit against them.

It would have been a good idea to get what the son agreed to in terms of prorating the rent in writing, just as evidence. Did new tenants move in before the end of August?

A rental unit needs to be left in the same shape as when you moved in. Carpet cleaning is often a requirement for the outgoing tenant to take care of.

Gail

 

[jharris352]

I partially disagree with Gail on this one. There are two issues:

First the rent: The son made a verbal agreement with you and you performed. That's a binding contract. I would demand the other half of that rent back.

Secondly, the part I disagree with Gail on. Normal wear and tear is NOT something you can deduct from your security deposit. You do NOT have to leave a property in "move in" condition. You have to leave a property in good condition without any DAMAGE or trash in it. Normal wear and tear is the responsibility of the landlord.

If Gail knows some law specific to NY, and she may because she does this a lot, then I will happily stand corrected. But in all jurisdictions that I am familiar with, cleaning the carpet for normal wear and tear is not your responsibility.

 

[Kriesa]

Thank you both for such speedy responses. I will start with a letter stating our expectations, and see what the landlord's response is.

I definitely think that we are entitled to our rent back. I'm not sure it's worth fussing about the carpet fee, although it seems that it should have been mentioned during the walkthrough if it were an issue. I've rented apartments before where steam cleaning the carpet before moving out was a requirement, but that was not stated in this lease.

Thank you, again. I will let you know the outcome.

 

[Gail_in_Georgia]

Did you take pictures of the rental unit at move out? If your letter does not do the trick and you do decide to file a lawsuit, pictures of the condition of the carpet at move out would be useful to show normal wear and tear versus "damage".

In addition, in filing a lawsuit, include both the landlord and the property manager (the son) to confirm what the son agreed to verbally.

Gail

 

[Gail_in_Georgia]

The issue of normal wear and tear versus damage is often a hot item between the landlord and tenant.

Attached is a pretty good article attempting to describe the difference between the two, using examples:

http://rhol.org/rental/WEAR.HTM

This may help you in your discussion with your former landlord.

Gail

 

[Kriesa]

Thanks, again. I went back and read the lease one more time, and found that there was a line stating that $100 of the security deposit was for carpet cleaning, nonrefundable. I hadn't noticed it before because it wasn't in the section about the security deposit.

We mailed the landlord a letter on Saturday, requesting a response within two weeks. I am not sure if the new tenant moved in before the end of August, but if they were showing the empty apartment to prospective tenants in August, would that help our case? We were supposed to receive "reasonable notification" if the landlord entered while we were living there. Would his entering without notification mean that he accepted that we were no longer tenants?

 

[Gail_in_Georgia]

No; neither simply showing the apartment or coming in without notification would indicate that your landlord didn't see you as tenants any longer.

Often when a tenant provides notification they will be leaving at the end of the month a landlord will immediately begin to advertise the unit, hoping to have new tenants in by the beginning of the next month.

Gail

 

[Kriesa]

Hi, I just wanted to write and let you know that our problem is resolved. Our former landlord responded to our letter by sending us a check, refunding our rent for the second half of August.

Thank you for your help, Gail and jharris. I had more confidence in phrasing the letter because of your input. This board is a great service!

 

[Gail_in_Georgia]

Congratulations! Glad it worked out for you...

Gail