rent deposit
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- seed
Anyone have any stories to share about getting (or not getting) your deposit back. Tips, etc.
I have to call this prick tonight and haggle with him about mine. He just kept my deposit without mentioning it assuming I should know he's keeping it all. Trying to charge me for stuff like the linoleum yellowing because he didn't install it properly.
I'm glad I bought a house and don't have to deal with this crap anymore.
- smellvetica0
plenty fella, just ensure him you have legal backup (lie through your arse) and take the high ground.
- slinky0
have you rented from me?
- ********0
threaten him with God.
- -leah-0
renters have rights just as landlords do. things like holes in the wall, burns or stains on the carpet etc cannot be charged to you, at least not in canada. those kinds of things fall under the "ware and tear" of living so cannot be blamed on the tenant.
- zombiewoof0
Consider it gone. Hate to be so crass but I've only ever had one deposit returned in my past renting life (10+ yrs) Even if you have access to a free lawyer (which I did...he was a member of a group house I ran) the fees and time associated with fighting a deposit in US small claims court outweigh the money you will ever get back...best bet -try and reach a compromise with him...at lease you might get something back. While Canadian laws sound very renter- friendly ...US laws are all for the landlord >:-(
- ********0
yeah it happens everyday, bastard landlords
- ********0
I never pay the last month's rent, here in Scotland the deposit is generally 1 month's rent so that way they can't keep it, all you need to do is write them and inform them.
- slinky0
"renters have rights just as landlords do. things like holes in the wall, burns or stains on the carpet etc cannot be charged to you, at least not in canada. those kinds of things fall under the "ware and tear" of living so cannot be blamed on the tenant."
-leah-
(Jan 19 05, 11:11)i believe in US it is considered normal wear and tear. There can be excessive damage done by the renters such as LARGE Holes or unapproved pets that cause stains, oders... also if you have only lived there like 6 months and the carpet looks like you lived there for 10 years and pissed on it for 10 years then i think you can be held liable...
in short.. normal wear and tear is acceptable and excessive wear and tear is is not acceptable.
- welded0
I could offer up some wisdom, but it would be relevant to Canadian law, not US. :\
The basics are as follows:
- leah is 100% right in that wear and tear is usually acceptible. The landlord can only keep your money if damage is intentional and/or through negligence.
- It is up to you to protect yourself. You have to keep a signed and dated record of the state of your place the day you moved in to compare to when you move out. It is up to the landlord to catch you trying to cheat. ;)
- They can only keep their costs, so they shouldn't need *all* of it.The place I was in last was governed by pure assholes and it took a lot of fighting and research to get my money back. If there is a US equivelant of the Residential Tenancy Board then seek them out. They will offer mediation for a nominal fee.
Good luck!
- -sputnik-0
burns or major stains, like bleach, are things they usually charge you for whether they are allowed to or not.
they usually have a checklist they go through...ask him to give it to you and you can figure out whether he is legit or not. its a good idea to do this before moving in as well, just so you know what is expected of you.
the fading lineoleum is a complete hose-down...don't let him get away with it.
- jpea0
and in some areas, local laws dictate what happens. i'm a landlord as well, and most decisions are made in favor of the tenants. landlords don't have many rights in my area, so if a deposit is taken and the tenant contacts their local housing authority, they in turn contact the licensing office, checking up on any previous complaints and usually weigh that against you if it goes to small claims somehow.
so yeah, i guess on your end, check out your local housing authoity or tenants rights assn. if your landlord sucks, stick it to 'em
- seed0
Thanks. I have been told by many people that landlords are generally jerks and don't expect to get it back whether you damage anything or not. I have to look more into the law as far as wear and tear. He even wants to charge me for the paint to paint the walls after I left. I lived there 4 years and the walls had never even been painted before. It was just plaster. That has to fall under regular maintenance.
Yeah, about the linoleum. It started to turn yellow after about 6 months. He had to replace it all and thinks I am responsible but my friend who is a union flooring worker said it was due to poor installation and it shouldn't yellow for 10 or 15 years. They do all the work there themselves BTW and use the cheapest materials possible.
- seed0
I have been studying the state laws and found out in Illinois painting the walls even with holes is considered normal wear and tear and the tenant cannot legally be charged. I found out that Illinois law states that if they don't give you copies of receipts for damages within 30 days they can no longer legally keep your deposit $ and if you go to court they are liable for 2X the deposit $ plus any court and lawyer fees you incur.
One weird thing is that if they have 5 or more units the law is set in stone but if they have less than 5 you will still win in court by what is known as case law.
The renters org I spoke to said to send a certified past due letter payable within 5 days or else go to small claims. I don't really want to take it this far. I am just tired of getting ripped off and am annoyed that he assumes he should keep the full amount for things I am not responsible for.
- taragee0
welsome ot my world - last landlord kept $1500
- Scottizzle0
Burn that mutha down!
- seed0
Taragee, did you damage much or were they just being jerks?