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Read --> American Tenant: Everything U Need to Know... about Your Rights as a Renter

security deposit
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LandlordLaura
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Joined: Mon Aug 21st, 2006
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 Posted: Fri Jul 4th, 2008 01:39 am
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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

Norway
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Joined: Wed Jun 25th, 2008
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 Posted: Wed Jun 25th, 2008 03:03 pm
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I was shocked to meet with my landlords recently and have them tell me they are planning to keep all of my security deposit, even though they hadn't even yet checked their records from 5 years ago (when I moved in) to know how much I paid.  We have had a great relationship.  I live in the other half of their duplex house.  I only signed one 1-year contract when I first moved in, from July 2003-2004.  My apartment is in good condition.  I have never lost any money from a security depost before and have lived in 7 other rentals so I feel confident that they are in the wrong.  The want to use the security deposit money for repainting and my garden.  I always thought painting was the responsibility of the landlord?  There are nail holes in the walls from pictures but my landlord did not mention them needing to be filled and I have never been requested to do it elsewhere.  Is filling nail holes generally the responsibility of the landlord or tenant?  I am a bit unsure what to do concerning them wanting to withhold money because I put in a garden with their explicit permission.  Four years ago I asked verbally if I could put in the garden and they said okay verbally - that they wanted me to be happy living there and that it would mean less mowing for them.  Two weeks ago I asked my landlord what he'd like me to do about my garden and he only replied to take what plants I wanted and he'd take care of it otherwise.  At no point was I told that I would be penalized for the garden or that my landlords planned to use my security deposit to make it lawn again.  Prior to learning that my landlords were planning to keep my security deposit, I asked them if I should pay to have the carpets cleaned or if they preferred to do it after painting (they had told me in the winter that they'd repaint the kitchen this summer, prior to me giving notice of my move).  During this recent meeting to discuss moving out procedures they told me they wanted me to pay $100 to have the carpets cleaned PLUS keep all of my security deposit for painting and the garden.  I am moving out next weekend and am trying to decide how to handle this - whether I should make it as equitable as possible (not pay my last 1 week of rent and not clean) or do everything right and sue them or perhaps I am thinking incorrectly and it is in their right to keep all my security deposit for repainting and the garden?  They have not paid me interest on my security deposit and I suspect they do not know that PA law requires them to send me a list of damages that led to security deposit deductions and I'm debating whether I should print out laws and guidelines re: normal wear and tear or keep all this under my hat so I have more inappropriate action to sue them for.  I am certainly not paying them anything additional for carpet cleaning.  Any advice, legal or otherwise, would be MUCH appreciated!  Thanks.


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