security deposit deductions - Posted by Jackie

import · December 30, 2010, 8:17am

Posted by EDWIN on January 01, 2011 at 01:07:26:

These cases are always unfortunate, because it’s not always easy to determine if the landlord is trying rip the tenant off–or vice versa–or if it’s just a difference of opinion. What is spotless to you may not seem spotless to the landlord. You will help your case if you took photos after moving out, or did a walk through with the landlord. You need to get more details as to why the landlord charged what he did. If after that you still disagree, do your best to negotiate, but as Dave said, you may have to resort to Small Claims Court. You deserve fair and reasonable treatment, and I’m sorry you have to hassle with this.

import · December 30, 2010, 8:17am

Posted by Jackie on December 30, 2010 at 09:17:36:

I am a tenant who recently moved from an apartment. I paid a total of $500 for the security deposit. My landlord deducted for the following:

-cleaning $180
-painting, maintenance $80
-shampooing (carpets) $60

are these legal deductions? I left the apt in immaculate condition. Even the carpets were spotless. What recourse do I have to get my entire deposit back. I am in Texas.

thanks in advance

import · January 1, 2011, 7:15pm

Re: security deposit deductions - Posted by Beachbum

Posted by Beachbum on January 01, 2011 at 20:15:21:

General suggestion: As a renter, you should review the landlord tenant laws for your state and/or local jurisdiction. State laws are easy to find with a Google search (landlord tenant texas), local statutes may be more difficult, at least online. Local Legal Aid offices, Fair Housing, or even your courthouse usually have them available at no cost.

You should also actually READ your rental agreement before signing, along with any addendums or house rules etc. They MAY shed light on your responsibilities when you eventually move out. Our standard Board of Realtors rental agreements are specific about move out requirements, and they are re-stated when we send a move out schedule confirmation letter. Both also state that tenant repair/cleaning must be complete prior to the scheduled move out inspection time. Even so, tenants frequently are not ready, or want to argue about what they should have done!

Generally speaking, ANY agreements relating to Real Estate transactions (including rental), must be in writing TO BE ENFORCEABLE. This means, if your landlord said everything looked ok at moveout, you better get a signature at that time, or you risk getting charges.

As another poster mentioned, it is important to have a move in, as well as a move out inspection, and it is in your best interest to take photos of both, for comparison in court, if necessary.

Finally, and this may vary by jurisdiction, but for rental purposes, “condition” and “cleanliness” are largely un-related. Condition refers to physical damage, including holes, gouges, stains, breaks or tears, and missing components; wear, and deterioration due to age. Cleanliness is only about dirt/grease. An item is either clean, or it is not. A surface may no longer look “new”, but still be clean. It’s condition has simply deteriorated due to age or wear.

If you cause a permanent stain to a new carpet, that would be “damage”. If a new tenant moves in, accepting the existing stain, that becomes “condition”.

Certainly there are landlords that abuse the system, which makes it all the more important for tenants to be aware of the facts before moving day!

import · January 1, 2011, 3:42pm

Re: security deposit deductions - Posted by Frank Chin

Posted by Frank Chin on January 01, 2011 at 16:42:35:

Jackie:

Did you take any pictures. Was there a walkthrough and a report done?? If not, it’s only your word against his.

I’ve landlorded for 30 years, and I only deducted in a handful of cases. I always paint the entire apartment anyway, for a 2BR, I had some guy doing it for $500, and another $100 for repairs so it’ll look presentable. Since I paint anyway, why am I charging for anything.

As to carpets, I have a carpet machine or I used a service, and I only do it in half of the cases. In the other half of the cases, I had excellent tenants who always paid on time, so what if I had to pay to get the carpet cleaned up for the next guy.

You can give a try in small claims, and if the carpets are really old, you might get a few dollars back.

What I don’t really get is people telling me landlords renting out units expecting the new tenants to paint and repair, and clean the carpets, and I strongly suspect these same landlords deduct for painting, cleaning,and repair on the last guy and actually did nothing. I actually have no complaints doing what I have to do and rent it out all in one weekend usually, and being told what bad shape my competitors units looks like,and they couldn’t wait to rent my place.

And because I rent it out so much faster, 3 to 6 weeks faster in most cases, there is no need for me to nickle and dime everyone, and then go to small claims to argue.

import · January 1, 2011, 12:14am

Re: security deposit deductions - Posted by Edwin

Posted by Edwin on January 01, 2011 at 01:14:42:

One more comment. As a landlord I have had many tenants leave their apartments dirty and broken, so when a tenant leaves their place clean and spotless, it’s an absolute delight. Unless you’ve omitted some details, I see no reason why your landlord would not be similarly delighted. I have better things to do with my time than to charge a tenant for questionable items and then waste my time arguing with her when she complains. Landlords have enough real problems to deal with that they don’t usually go out of their way to cook up more problems.

import · December 30, 2010, 10:55pm

Re: security deposit deductions - Posted by Dave T

Posted by Dave T on December 30, 2010 at 23:55:26:

If the landlord gave you copies of the paid invoices for each deduction and provided the landlord did not do any of the work himself, then you probably have little recourse.

Presumably you did a move-out walkthrough with the landlord just before you moved out and the landlord told you what had to be done to get all your deposit back.

If you think you have a case and the landlord won’t negotiate with you, then small claims court is where you resolve your dispute.

import · January 1, 2011, 7:32pm

Re: security deposit deductions - Posted by Beachbum

Posted by Beachbum on January 01, 2011 at 20:32:50:

One additional point I neglected to mention with regard to condition vs. cleanliness. Again, these are largely un-related, therefore when you plan on returning the property “in the same condition” as when you moved in, this does not automatically imply that you may ALSO leave it as DIRTY as when you moved in. Typically, a rental agreement will state, separately from the “move in condition” document, that you must leave the unit CLEAN. When you move in, you are accepting the unit “as-is”, unless there is separate written agreement regarding repairs, painting, or whatever. You do not get to leave it “as-is”, normally. YOU must leave it “clean”. Dirt, grease, crayon marks, dust bunnies under the fridge, etc. are NOT considered “normal” wear and tear.