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Additional Details
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| What kind of notice does a landlord have to give before coming to your house? |
Additional Details
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pcktthrs | Landlord trying to keep most of my security deposit. What can I do? I didn't take any pictures, regretfully. |
Most of the deductions were already existing in the home or normal wear and tear. How am I supposed to prove this. Is hiring a lawyer going to cost me more than the $995 refund. |
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Craig T
 |
If it is indeed normal wear & tear as you say then the landlord may have trouble proving that. First thing you need to do is do some research on tenant-landlord law in your state. Most states have some specific timelines and requirements but it is up to you to find out/know what those are to stand up for yourself. Speaking just for IL rules, the landlord is supposed to provide you within 30 days what is being deducted and what for and must return any remaining portion within 45 days. You have the right to see copies of the actual bills for materials & labor.
If it was a nornal wear & tear item (such as carpet) then the landlord may need to show what it was you had done that you should be charged for replacing it.
As others have said in the end this is probably going to be an expensive lesson for you. Bottomline is no one is going to look out for and protect your rights as well as you can. As one who has been a renter in the past and who is a landlord now, I can tell you just as many renter horror stories as landlord horror stories.
Bottomline is this, a lease is a contract, the time to protect yourself from harm is BEFORE you sign it. I use a move in-move out checklist, which my tenant fills out at move-in and notes pre-existing conditions, they sign it and it is part of the lease file. I can also tell you that in the cases where I have not returned security deposit, rarely does the forfeited security deposit cover the cost of bringing the unit back to rentable condition.
In conclusion, many landlords don't follow the rules on 30 days to notify and 45 days to return, so that is your most likely avenue of success. After that, unless you are willing to do the research, represent yourself, pay the upfront costs (filing fees, service fees etc) and/or you feel confident you have a winnable case, you may wnat to chalk this up to an expensive lesson.
I suggest you read this article before you sign your next lease
http://realestate.msn.com/Rentals/Article.aspx?cp-documentid=25314 |
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Blue October
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the key word in your statement is 'regretfully'.
no - there is not much you can do, if you did not take the precautions of doing:
- a walk-thru before you moved in,
- a walk-thru before you moved out and
-taken pics.
you would spend more on a lawyer than it is worth.
this is one of those unfortunate learning experiences.
sorry...
good luck :) |
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ranunculusviridis
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This is a guide from the reference below. There is much more information to be found on this site.
Normal Wear and Tear Guide - Reference ONLY!
*****Normal:*****
Faded Paint. Paint may have a "useful life of 2-3 years, depending on who you ask. However, if you paint with a better paint, wiping down the walls works well.
Old, worn carpet when you moved in or furniture marks in carpet. The natural wearing down of carpet or drapes because of normal use or aging.
Worn hinges on doors or locks.
Hole or ding in wall from missing door stop. Check each door.
Broken plumbing pipes, unless you damaged them.
Central drain problems, not caused by your incorrect disposal of items. Older homes with old sewer lines may get roots growing through them, clogging the system.
Dirty Blinds - as in dusty.
General dust in the apartment. Be sure to clean behind the sofa and under.
"Faded" curtains that were in the unit when you came. However, to remove curtains that you placed and did not remove, you may be charged.
Bulb that went out in the refrigerator.
*****Damages*****
Holes in wall from hanging pictures, removal of decals on the walls. Larger gouges etc.
Tear in carpet, animal stains (even if landlord knew you had a pet).
Burn marks - iron, cigar, cigarette, ground in stains.
Doors with holes. Doors or windows broken. Glass etc.
Clogged drains caused by your misuse of sinks or toilets. If you rent to women (college girls for example) be sure to remind them to dispose of feminine products in the trash, not the toilet.
Broken or missing blinds or curtains. If they were there when you moved in, they must be there when you leave. If you do not want them, discuss this with your landlord. If he says "I don't care" send him a letter to confirm...as we discussed.
Eliminating Flea infestations caused by tenants' animals.
The same for smoke damage from smoking or burning candles.
Excessive Bathroom mildew. Use a good cleaning product like Tilex or Spray 409 weekly.
Broken shelves in a refrigerator. Excessive dirt/dust in the refrigerator vents. This is the area under the unit. Be sure to vacuum to improve the performance. Every time you vacuum, vacuum around the unit.
Excessive dirt or filth in an oven or refrigerator. Defrost the refrigerator if not frost-free. Stoves can take 2-3 hours to clean if you have cleaned it. Use Easy-off. That's why the named it that. |
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Blu
 |
you might just have to suck it up this time... if you don't have proof of the condition of the place before you moved in, it might just be a waste of your time and money to get a lawyer. i understand where you are coming from and the frustration...this has happened to me and i have learned that most landlords will try very hard to keep the deposit.... see it as a lesson learned and make sure to cover your bases in the future |
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hollywoodmelody
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If you can't prove you didn't do the damage and he can prove you did the damage then you will lose in court. You don't necessarily have to have pictures but if you have any communication(phone call records,email,etc) with time, dates. and who you spoke with you have a chance.
The judge will look at both sides to determine who is telling the truth. |
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reeka01
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Usually at the beginning of your lease the landlord makes you fill out paper work as to what is wrong with the place before you rent it. Did you do that? You can always call a lawyer and have them give you a price quote. Also If you can't get your money back at least you learned something out of the whole deal |
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Brileigh
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you could try small claims court...I know one of my friends is in the same situation sort of...her landlord wouldnt give her her deposit back because of something that was really normal wear and tear and he didnt consider it that or something to that effect.. |
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Ivan
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Unfortunetly when it comes to security deposits it's very hard to obtain them back fully. Unfortunetly when we moved into a new place we don't think about taking pictures of the place and it comes back to hunt you when it comes to moving out. Without any pictures to prove what the place looked like prior to you moving in is going to be very difficult for you to get a full deposit. Most of the time the landlord will deduct any repairs from your deposit, which translates to your s*** out of luck |
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MeInUSA
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Tough one .. you could drag him to small claims court and make it PROVE his claim. If you do this you need to be confident and be able to convince the judge of the facts otherwise you are wasting your time..good luck! |
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