What to do with land lord that donÂ´t want to give the deposit money back?

he is charging things that were already damaged
he clames that stuff is missing
the place was in a bad shape to begin with

If you filled out a condition report he cannot charge you for anything that was on that list. If there was maintance that damaged anything then you will need to take photos and detailed damage reports and report it to your landlord or better yet the actual property owner, the same with any pre exsiting damage. Then if you have to go to small claims it will show that you made him aware of the condition of the property. If he is claiming that things are missing then he will need to make a detailed list of what he claims is missing, and he has to prove it. But some advice as a previous apt. manager, never move into a property without going through and making a very detailed list of what is wrong and the condition of the appl., walls, carpet, and every square foot of that property or you could be held liable for the damages. Depending on the area will depend on how much he can try to charge you for, some places can't charge for paint or carpet but others can...look it up, and keep records of all your conversations and actions that has taken place from both parties incase of legality reasons. I copied and pasted what I found for you below.
Security Deposits
A landlord can require a tenant to deposit a sum known as a security deposit. A security
deposit is for purposes other than the payment of rent. The rental agreement should specify the
amount of the security deposit and what it may be used for. If the security deposit can be used
for payment of rent, the rental agreement and/or the deposit receipt should clearly indicate this.
The security deposit cannot be used to cover normal wear and tear. Normal wear and tear means
the deterioration that occurs based upon the use for which the rental unit is intended and without
Idaho Landlord/Tenant Guidelines 4
negligence, carelessness, accident, misuse, or abuse of the premises or contents by the tenants,
their family or their guests.
A landlord who finds it necessary to use a security deposit is required to provide the
tenant with a signed statement as to expenditures required, the amount retained and the purpose
for which the amount retained was used. The statement and the remainder of the security deposit,
if any, or the full deposit, must be given to the tenant within twenty-one (21) days after the
tenant surrenders the premises. If both the landlord and the tenant have previously agreed, this
period can be extended up to thirty (30) days, but no longer.
If the landlord refuses to comply with the requirements concerning a security deposit, the
tenant can require compliance. The tenant must first give the landlord notice, in writing, of the
violation and demand compliance. The landlord must be allowed three (3) days to refund the
deposit or provide the necessary statement. If the landlord does not comply, the tenant can then
institute a formal legal proceeding to require the landlord to refund the security deposit. This
lawsuit can be brought either in the district court or in small claims court. If the action is brought
in small claims court, the damages sought cannot exceed $4,000. If the tenant is successful, the
court may, at its discretion, award damages up to the amount of three times the security deposit.
Care of the Premises
The tenant has the responsibility of safeguarding the rental property and making sure that
damage does not occur. The tenant is responsible and may be required to compensate the
landlord for any damage that occurs due to his or her own negligence or that of the tenant's
family members or guests. However, a tenant is not responsible for normal wear and tear.
The landlord has an obligation to provide reasonable waterproofing and weather
protection, and to provide premises that are not hazardous to the health and safety of the tenant.
A landlord also has the duty of installing approved smoke detectors. A landlord, who provides
electrical, plumbing, heating, ventilating, cooling or sanitary facilities, must maintain them in
good working order. City codes generally require that most of these services be provided.

Its your word against his.

When you moved in you should have made a list of everything wrong with the property. You didn't document anything about the property.

Even if you got an attorney, you're going to have q hard time proving your case.

Thanks for asking your Q! I enjoyed answering it!

VTY,
Ron Berue
Yes, that is my real last name!

If you took pictures with a time/date stamp the day you signed the lease (when the place was empty) and pictures with time/date stamp the day you moved out (when the place was empty), you should get your money back.

If you didnt do any of the above, then you are, what we call in the landlord book of wisdom: S. O. L. !!!!

You will pay more in fighting him than it is probably worth.

Unless you have pictures and proof to show your landlord and can somehow reason with him, you may be at his mercy.
It really sucks that so many landlords are so cheap.

I would try to have a clam conversation with the landlord. Bring him a coffee and help him realize.

And if he is an idiot still....cut your losses and forget about it. Sad but what else can you do? Spend a couple grand taking him to court??

You may have a free landlord mediator service that could help too. I know here in Ontario Canada we do.

That is how land lords are. Very cheap and bitter if a tenant moves out. You can try and sue, but I would consider informing him/her that you wont be taken advantage of. Usually they back off if you are firm with your complaint.

It depends on what you can PROVE!

**Do you have pictures of when you moved in?
When my mother rented an apartment she would walk through with a disposable camera just to make 100% sure no one could screw her like your getting screwed...

**Do you have any proof of bad blood between you and your landlord?
You could use that if you take this to court.

**Do you have any friends or a rental agent that walked through before you moved in?

**What does the lease and any documents you signed say? There is SUPOSED to be a list of damages included with your origional rental agreement.

Unfortunately, the burden of proof is on YOU. If the landlord REALLY hates you then he can draw this out forever. Talk to a lawyer and then call "The People's Court".

If you didn't make note of any damages when you signed the least, then your pretty well screwed as far as getting your deposit back. If there is no pre-move in inventory, then it's your word against his in a court hearing. Talk to a lawyer, but you most likely will hear the the same thing. Better chalk it up to experience for the next time you sign a lease for a place to live. Pictures and a inventory before moving in is your best defence in the event this ever happens again. Some landlords lie in order to keep the deposits, thats why they don't fix places that they rent, they count on people not taking steps to protect themselves against exactly whats happening to you now.

bring him to court. you will likely need to produce evidence that the damange was done prior to your residency.

get a lawers opinion. hope you took pictures for evidence

take him to court..not judge judy..

Simple. All you do is pull out the Move-In Inspection Report that the two of you (landlord and tenant) filled out and signed before you moved in.

Then you compare the Move-Out Inspection Report you both did together and signed and you are liable for the difference, not counting 'wear and tear' items, of course.

See if you can find out what the "Landlord Tanant laws" are in your state. (search engine) Those should state how long he has to refund your deposit (14 days in Washington) after you vacate the property & what he may & may not dedect from it. What he does deduct usually has to be itemized.

Hopefully, you have a copy of a "Move In-Move Out" inspection from when you moved in & then another when you move out.

Document what you can. Maybe once you find what the laws are regarding this situation, you can explain this to him & he will go ahead & refund. If not, get one of those "prepaid legal" things & they can help you out a a minimal cost to you.

Knowledge is power.

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