It sounds like you have already read through the Landlord Tenant Laws for the State/County/City where the rental property is located to find out whether the Laws determine how the Landlord is to notify you of any deductions to the security deposit. The Landlord will be required to follow any applicable Laws.
A Tenant is generally required to return a property to the Landlord in a condition that is similar to the way it was received. Along that line, Tenants should always avoid and/or get written permission before making any alterations to the Landlord's property. Unless you have written permission from the Landlord to change the landscape, the Landlord can probably charge you to put it back the way it was when you took possession of the property. It may be in your best interest to replace the "garden" with grass so that it will be returned to the Landlord in the original condition. Along the same lines, any nail holes you made should be neatly patched and painted to match the wall color/texture to return the property to its original, undamaged, condition.
As long as you clean all of the household "painted" surfaces (such as walls, doorframes, doors, baseboards, etc.) I would not imagine that the Landlord would be able to charge you for plain old "repainting" after 7 years. If the carpet is clean and not damaged or stained and your Lease does not call for a carpet cleaning fee to be paid by you, your Landlord will probably not be able to charge you for carpet cleaning. Dirt and damage do not generally qualify as "normal wear and tear". If, however, you are responsilbe for any wall/ceiling/flooring/door/other household damage which requires repair, the Landlord could hold you responsible for any necessary damage repairs. The Landlord would have to be able to prove that you or your family/guests caused the damages and that they are not "normal wear and tear" such as paint that has faded from sunlight, for example.
Verbal conversations will generally not hold up in Court. The Landlord should provide any/all communication with you re: your security deposit in writing. Any agreements made or conversations with your Landlord outside of your written Lease Agreement should be handled in writing and signed by all parties. Be sure you take photos of and/or videotape the condition that the property is in when you return it to your Landlord so that you have proof for your files. Hopefully you also have a copy of your move-in inspection and photos/videotaped evidence to show the condition of the property when you took possession of it.
Last edited on Fri Jul 4th, 2008 01:40 am by LandlordLaura
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