Security Deposit Refund

I don't know if I am allowed to post a question like this, if not, please remove it. I am just curious...

This is general rental question. I have recently moved from a small town to Cordova, TN. My previous residence required a $400 security deposit in which I believe I should receive in full. The lease I signed said nothing about the landlord keeping money for cleaning the carpets or buying cleaner to clean the house. I recently received a call from them, they said that they are going to hold out $100 for cleaning the carpets and charge me $20/hr for cleaning the house. I know for a fact that the house was clean when I left. Can they legally keep back money even though it was not stated in the lease that they are going keep back money? The lease specifially states, "NO ORAL STATEMENTS MADE BY OUR EMPLOYEES OR AGENTS SHALL BE BINDING UPON US UNLESS CONSENTED TO BY US IN WRITING. ALL SUCH AGREEMENTS SHOULD BE DETAILED "SPECIAL PROVISIONS"" Which under that section is says, "NONE".

Thank you in advance!

-Chris

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Comments

erpadmin

I don't know how landlord and tenant laws work in TN, but generally, if you have *proof* that you did leave a clean apartment, you can bring that *proof* to the courthouse when you take your management company to court.

And by *proof*, I mean photos of the condition of the apartment when you left it. Also, if you did a walkthrough with the management company (sounds like that's who you were dealing with based on the lease) and they said it was ok (preferably in writing), then you could get your deposit back.

You will want to go over your lease with a finetooth comb. It should state whether there are any fees when you leave an apartment, including cleaning.

Otherwise, if you don't have any proof, you are probably SOL. Your only hope will be to talk to a landlord/tenant lawyer. There usually is no charge for an initial consultation, and if there is a case, you will want to make sure he's paid on "contingency" [money not paid out of your pocket].

That's really it in a nutshell, but in the future, you will want to take pictures of your apartment when you leave and when you hand the keys over, politely demand that the owner/management company come over to inspect the place. Then make him/her sign something stating that the place was left in an acceptable condition. (If he won't sign, make sure you have a witness with you that can testify to that fact).

earweed

That statement about everything in writuing basically covers the landlord not you. You are probably already SOL as the "cleaning" is probably already done and for all youy know could have consisted of someone coming in your old place and sleeping a few hours.

eMeS

earweed wrote: »

That statement about everything in writuing basically covers the landlord not you. You are probably already SOL as the "cleaning" is probably already done and for all youy know could have consisted of someone coming in your old place and sleeping a few hours.

Truer words have not been spoken. Also, you're dealing with subjectivity here. One man's "clean" is another man's filthy.

Plus, $20 per hour is an excellent deal for house cleaning.

MS

Paul Boz

eMeS wrote: »

Plus, $20 per hour is an excellent deal for house cleaning.

MS

You are my favorite poster here.

Also, here's the proper way to use a security deposit:

1.) Assume that you're not going to get it back going in

2.) Move your stuff out when its time to move and don't clean ****.

This way you don't clean a house for nothing since step 1 is usually guaranteed.

Plantwiz

If it is not in writting, it never happened.

(sorry you heard that already)

***

In the future, prior to moving out/giving notice call the landlord and arrange for him/her to meet with you to review the appartment health. Write a check list or video tape your tour. Agree to the status and sign off (each of you).

If you need to perform some additional cleanup/repair, do so and schedule a new meeting and once you both agree that the apartment is in reasonable order, then you depart. Just get your agreement in writing.

As mentioned by Paul, plan on NOT getting it back. However, next lease, ensure you ask how common it is for people to get their full deposit, and if they don't why is it that they don't? And is there a way for you to earn the full deposit back.

I think this one many be 'lesson learned' move on, but it is up to you if you feel compelled to pursue it.

I think I had trouble only one time, and fought it (face-to-face) and I received my money...he was in the wrong, but wasn't used to people doubting him (and IIRC I had photos of my apartment when we met).

Never sign something you don't 100% agree with or understand (meaning, it's not good to merely sign the stack of papers just because everyone else did...and it doesn't mean stare blankly at the forms until your eyes pop out).

You'll figure out the best method and be just fine

Good luck!

colemic

I guess I have just been lucky but I have never lost any amount of a security deposit...

Monkerz

Ok, to follow up, I was a complete A$$hole to the old landlord last night after she/he had called me back to argue with me about the cleanliness of the premises upon my departure. I did a bit of fibbing, but was able to weasel the truth out of them. The last thing I was told from them before I interrupted and made thier night was, "We will be sending you a check for $50.00 because cleaning costs ammounted to $350.00."

Now keep in mind that this is a Mom and Pop owned duplex complex consisting of 3 duplexes.

I stayed calm on the phone, but lied through my teeth to see what they would say. First things first, I explained that I knew for a fact that the house was clean before I left because I took pictures of the entire apartment so I wouldn't get screwed by them. Then I went on to explain that no where in the lease or any other paper I signed did it say that cleaning expenses would be taken out upon me vacating(Lease was like 20 years old and had been copied time and time for reuse by others). I also quoted a TN law that states all security deposits taken by a landlord shall only be desposited into a secure account meant soley for security deposits and nothing more, if violation occurs monies shall be returned in whole(I have the photo copied check that shows she deposited it in her personal checking account.) The last thing I mentioned was that I had sat down with my lawyer and he informed me that if I didn't received the $400.00 deposit within 30days, he would persue.
After all of that, she gave the phone to her husband (the true landlord) and he told me that I will receive the $400.00 check in 7 to 10 days.
I am happy, but I wish I didn't have to lie to them to get the truth. I hate low down crooks.

networker050184

Well played sir.

Paul Boz

Screw em, you did what you had to do. I'd give you more positive rep now if I could.

Devilsbane

Monkerz wrote: »

I am happy, but I wish I didn't have to lie to them to get the truth. I hate low down crooks.

Well played. If they want to lie, sometimes you have to lie back. Sadly, you know that they have gotten away with this with other people. Personally, I'd inform your fellow tenants of the process that they need to follow when they leave (after you receive your check that is). Don't let the others take a hit either. (unless of course they were @$$holes)

QHalo

I miss the days of $400 security deposits. Here in IL, it's not uncommon to have one in the thousands, mine was close to $3k. Good job not letting them get your money. I think it's pretty much law anywhere that a security deposit has to be placed into a savings account and that plus the interest it bears is supposed to be returned to you.

tbgree00

The first apartment I lived in took a carpet cleaning fee out of my security deposit. They said it was standard and they charged everyone to clean the carpet and wrote it down as damages. They tried to charge 200 for it so I had them show me the reciept for the cleaning. They paid 100 for it so they gave me 100 back. I still think it was strange that they made me pay for the cleaning but I was just happy to get out of there.

Devilsbane

tbgree00 wrote: »

The first apartment I lived in took a carpet cleaning fee out of my security deposit. They said it was standard and they charged everyone to clean the carpet and wrote it down as damages. They tried to charge 200 for it so I had them show me the reciept for the cleaning. They paid 100 for it so they gave me 100 back. I still think it was strange that they made me pay for the cleaning but I was just happy to get out of there.

I can see why they would want to clean the carpet between people, but I don't see how that comes out of your security deposit unless there is visible stains. Unless you spilled some wine, that is part of maintaining the place, which should be their responsibility. Just like you wouldn't pay to paint the walls unless you had scuffed them up.

I've learned something here though, never trust a lanlord. Get everything in writing, keep that writing in a safe, and bluff about what my attorney told me.

Heero

If they try to keep part of your security deposit for "standard" cleaning that they do regardless of damages, it is most likely illegal. The security deposit is for damages. If the carpet is in the same condition it came in, minus standard wear and tear, they CANNOT deduct that money from your security deposit. I'm no legal expert, and it could probably be written into the contract, but if not i would be ready to take that **** to small claims court.

There are very specific laws with regards to security deposits, though they vary from state to state and even by county/city.