Security Deposit Problems

[Reel]

I finally received notice that the apartment complex I moved out of wants to claim most of my security deposit. This is as expected. When I called them to ask about their procedure, I never identified myself and their statement was not that they would send a check soon but that they would send their bill soon. To further top it off, the property manager refused to do a walk through of the apartment with me before I checked out. On the day I was leaving, he wouldn't even do me the favor of walking back with me to lock the door so I didn't have to leave my dog alone in the moving truck on the basis that he won't look at the apartment with me.

The deposit they had was for $400. They are claiming $100 for cleaning, no elaboration provided what that entailed. They are claiming $85 for carpet shampooing. They are claiming $145.60 for painting the apartment. I know that they have since torn out the bottom floor's carpet, kitchen tile, and cabinets in the kitchen and bathroom.That really leaves little area that they could have had to clean or shampoo the carpet. I would think painting would fall under wear and tear especially since it wasn't freshly painted when I moved in.

I have never encountered such an awful rental company until these guys. They were sloppy with repairs if they ever even acknowledged my repair requests many of which were never finished in the year and a half I lived there. They never provided our pest services as per the rental agreement. They performed renovations on the exterior of the building beginning at 7am every day even weekends and left construction debris across the premises. They would occasionally tow our cars across the parking lot so they could move their trucks there. Let's just say I am happy to be gone.

Their claims are basically a ridiculous attempt to take more money as I expected. Does anyone have any suggested approach to handling this?

 

[Yossarian]

pretty much your only option is to take them to small claims court.

 

[Reel]

Originally posted by: Yossarian
pretty much your only option is to take them to small claims court.

Well the way the law is written, I now have 15 days to dispute the charges and then they will review them. I believe that it is likely that it will end up being rejected and I would have to take it to small claims court or give up. Since it would cost me more to travel there and go to court, I'd have to roll over I guess.

 

[Slacker]

Dont take the law into your own hands, take them to court, The Peoples Court!

 

[habib89]

it's probably not worth it to fight, but i'm pretty sure they must, according to the law, give you an itemized list of what they did.. you are entitled to copies of receipts i believe.. anythign that is not "normal" wear on the apartment you need to pay for, ie. if there's a burn mark on the carpet, you pay.. but if it's just worn down, they pay...

 

[Reel]

Originally posted by: habib89
it's probably not worth it to fight, but i'm pretty sure they must, according to the law, give you an itemized list of what they did.. you are entitled to copies of receipts i believe.. anythign that is not "normal" wear on the apartment you need to pay for, ie. if there's a burn mark on the carpet, you pay.. but if it's just worn down, they pay...

The carpet had some stains in the doorway area but only in the area that they have since removed to put tile in. The walls were not marked and had no holes. If anything, they would have only had to paint over a few spots where there might have been some odd marking I didn't notice. The cleaning... well that is just ambiguous so I can't even respond to that.

 

[Reel]

To Whom It May Concern:

I recently received my Security deposit claim form and found myself quite surprised at the items marked as unsatisfactory.

The first item marked as unsatisfactory simply says ?Cleaning?. There are no details provided as to what was cleaned, how it was cleaned, or even why it was cleaned. I cannot agree to a $100 charge as deliberately vague as ?cleaning? without further details provided. Please identify what was cleaned, how it was cleaned, why it was cleaned, and the duration of the cleaning that warranted a $100 charge.

Regarding the ?Painting Complete? item, I find myself a bit surprised that this ordinary wear and tear expense would be charged to me. Every apartment complex I have rented from in Gainesville performs this activity and does not charge the prior resident.

Please provide an explanation and documentation of the ?Cleaning? charge and an explanation documentation of how painting the entire apartment is not a result of ordinary wear and tear. Otherwise, I will approve the carpet shampoo charge for $85 and please mail a check for the balance of my security deposit, $315 to the address you have on file.

Sincerely,

Reel

 

[RCN]

a) Prior to tendering a security deposit, the tenant shall be
presented with a comprehensive list of any existing damage to the
premises, which list shall be for the tenant's permanent retention.
The tenant shall have the right to inspect the premises to ascertain
the accuracy of the list prior to taking occupancy. The landlord and
the tenant shall sign the list and this shall be conclusive evidence
of the accuracy of the list but shall not be conclusive as to latent
defects. If the tenant refuses to sign the list, the tenant shall
state specifically in writing the items on the list to which he
dissents and shall sign such statement of dissent.

(b) Within three business days after the date of the termination of
occupancy, the landlord or his agent shall inspect the premises and
compile a comprehensive list of any damage done to the premises
which is the basis for any charge against the security deposit and
the estimated dollar value of such damage. The tenant shall have the
right to inspect the premises within five business days after the
termination of the occupancy in order to ascertain the accuracy of
the list. The landlord and the tenant shall sign the list, and this
shall be conclusive evidence of the accuracy of the list. If the
tenant refuses to sign the list, he shall state specifically in
writing the items on the list to which he dissents and shall sign
such statement of dissent. If the tenant terminates occupancy
without notifying the landlord, the landlord may make a final
inspection within a reasonable time after discovering the
termination of occupancy.

(c) A tenant who disputes the accuracy of the final damage list
given pursuant to subsection (b) of this Code section may bring an
action in any court of competent jurisdiction in this state to
recover the portion of the security deposit which the tenant
believes to be wrongfully withheld for damages to the premises. The
tenant's claims shall be limited to those items to which the tenant
specifically dissented in accordance with this Code section. If the
tenant fails to sign a list or to dissent specifically in accordance
with this Code section, the tenant shall not be entitled to recover
the security deposit or any other damages under Code Section
44-7-35, provided that the lists required under this Code section
contain written notice of the tenant's duty to sign or to dissent to
the list.

 

[SampSon]

Bring them to court. Or you can just get a lawyer to scare them.

 

[myusername]

sigh ... or not.

 

[imported_Baloo]

They can't charge you for painting, cleaning, nor carpet. They do that anyway whenever a tenant moves. They can only charge for damage. Given that they refused a walk thru, you are entitled to the full amount.

 

[RCN]

Originally posted by: Baloo
They can't charge you for painting, cleaning, nor carpet. They do that anyway whenever a tenant moves. They can only charge for damage. Given that they refused a walk thru, you are entitled to the full amount.

No. They have three days to inspect after the tenant moves out. A joint walk through is not a requirement.

 

[Saint Nick]

i am afraid i won't get my $75 deposit back from COX when i cancel my service in april