dusty
I got an eye opener today that shows me what the real world is becoming. It seems that fair play is a thing of the past.
One of my off spring just moved out of a rented house that she had been in for nearly 7 years. There was a $1000 security deposit at stake.
The kids could have used the $1000 to offset some of their moving expenses so we (the family) joined in to help clean the place in hopes of recovering the deposit for them. We (six of us) did a lot of work over the coarse of a week. The appliances looked like new inside and out. The floors, walls, windows, counter tops, bathrooms were spotless. The house was ready to move into. Even my wife, who is meticulous, said so.
A torn window screen, some weeds in a side yard and a dent in the garage door were the landlords reasons for not refunding the security deposit.
The shame in it all is the lesson that all of the grand kids have learned from this. I heard one say, "We should have just walked. I knew we wouldn't get the money back from that tight wad".
BTW, the house was rented two days after the keys were turned over. There is still that small dent in the garage door.
mrhart
I would agree, it's a thing of the past. One of ours is in the process of cleaning, hoping to retrive thsie $2000 (split 3-ways). I hope this landlord has scrouples.
I can't believe deposits are that high. In 1982 my first deposit was $300 and we choked on that.
pennview
I'd pursue legal action against the property owner to recover the money. It may be that there is a state or local office that can initiate action on their behalf. Or a consumer advocacy group. There also is small claims court. The person identified the reason for not refunding the security deposit -- weeds, dent and torn screen, which in no stretch of the imagination could cost $1,000 to correct. Find a lawyer. Call the local newspaper, the Better Business Bureau. I'd make the guy sorry he withheld the security deposit.
letterk
dusty wroteI got an eye opener today that shows me what the real world is becoming. It seems that fair play is a thing of the past.
One of my off spring just moved out of a rented house that she had been in for nearly 7 years. There was a $1000 security deposit at stake.
The kids could have used the $1000 to offset some of their moving expenses so we (the family) joined in to help clean the place in hopes of recovering the deposit for them. We (six of us) did a lot of work over the coarse of a week. The appliances looked like new inside and out. The floors, walls, windows, counter tops, bathrooms were spotless. The house was ready to move into. Even my wife, who is meticulous, said so.
A torn window screen, some weeds in a side yard and a dent in the garage door were the landlords reasons for not refunding the security deposit.
The shame in it all is the lesson that all of the grand kids have learned from this. I heard one say, "We should have just walked. I knew we wouldn't get the money back from that tight wad".
BTW, the house was rented two days after the keys were turned over. There is still that small dent in the garage door.
Take lots of pictures before you hand over the keys. Generally rental real estate requires a license (at least here it does). File a complaint with the licensing bureau. Locally, if you get caught renting without a license you pay a $500 fine and have to pay the license fees.
If he is that cheap, chances are he isn't license either and depending where you live that can affect homesteading and real estate taxes.
Third, there is always small claims count, which usually doesn't cost that much in fees. Those things mentioned shouldn't cause him to withold that much in damage deposits.
I should add in college my advisor work for a legal aid society that often gave free counsel in these situations.
dforeman
Holy Crap! $1000/$2000 security deposits. That is almost like a house payment. Boy, things have gotten expensive.
I got screwed once for a deposit when I was in college but it wasn't anywhere near that much.
trainguytom
At least in Wisconsin (and probably other states) landlords are not allowed to keep damage deposits for normal wear & tear. A case could probably be made that after 7 years, all of what you say is included in that definition. If not the dent, there's still a lot of money on the table.
I would NOT roll over on this one. I wouldn't call it "just the way the world has changed".
Many communities have tenant advocate organizations to help as well. I would tell the landlord you want a detailed accounting of the damage in writing within 10 days because you intend to go to small claims court to challenge him/her on the charges. (whether you intend to doesn't matter and even if he doesn't show it, this will bother him)
Also, many states require that a landlord follow very specific procedures if they are to keep damage deposits. (usually involving written notices by specific dates) Many landlords don't, they just fly in by the seat of their pants. This will often give legal cause to get all your money back. If you can't afford or don't know an attorney, I think even a local realtor will know these requirements.
Also, "Google" damage or security deposit return requirements for your state. That may get you to good sources of info.
I'm a landlord. I do occasionally get screwed by crappy tenants, so I will keep what I realistically need to be made whole on damage over & above the normal wear & tear, but I won't keep a nickel extra for a couple of reasons. One, I was once a tenant, two, it's illegal, and three, it's just plain wrong.
dusty
pennview wroteI'd pursue legal action against the property owner to recover the money. It may be that there is a state or local office that can initiate action on their behalf. Or a consumer advocacy group. There also is small claims court. The person identified the reason for not refunding the security deposit -- weeds, dent and torn screen, which in no stretch of the imagination could cost $1,000 to correct. Find a lawyer. Call the local newspaper, the Better Business Bureau. I'd make the guy sorry he withheld the security deposit.
He presented an estimate for repair of the garage door. The estimate was for the "replacement" of a panel in the door. The company's statement being that the dent could not be removed cost effectively. Replacement was the least expensive.
That single item constituted the majority of the cost.
There has been a complaint issued with the housing authority against the landlord but I seriously doubt that she will carry the issue into the courts. She runs a business of her own and her time is more valuable that the value of the deposit.
trainguytom
Depending on the size of the dent, a ding vs a dent that makes the panel or the door unusable, I might still argue that over all the time involved one ding is reasonable wear & tear & press the landlord a bit.
I gotta believe there's some renters organization in the area where you might find some support. I'd definitely want to know my rights & just how far the landlord is entitled to go under the law in a situation before I forked out any money.
JPG
trainguytom wroteDepending on the size of the dent, a ding vs a dent that makes the panel or the door unusable, I might still argue that over all the time involved one ding is reasonable wear & tear & press the landlord a bit.
I gotta believe there's some renters organization in the area where you might find some support. I'd definitely want to know my rights & just how far the landlord is entitled to go under the law in a situation before I forked out any money.
Forking is not the issue, not receiving a refund is.;)
trainguytom
JPG40504 wroteForking is not the issue, not receiving a refund is.]
That's what I meant...forking out my damage deposit (I know, it's already forked) but not letting him keep it if it's not deserved. (otherwise, I suppose, I'd be forked)
benush26
I guess I would take a different direction than the courts. In a previous life I was a mediator and I honestly believe that even small claims court will not help much.
However, if you go to the local TV station and ask them to do a piece on landlords and what may or may not happen to your deposit (legally and otherwise), the bad press MAY shame the landlord into doing something. Especially if yo allow them to film you and your work party on camera to tell "your" side.
Additionally some stations have a consumer advocate, that goes after situations just for publicity (In the name of doing great good for the public).
You can file in small claims court first and then request a trial date a long ways out with the idea if the TV stations do nothing then go ahead and see what you can get back.
You might want to find you own "expert" to determine what it might take to fix the garage door. Any decent body shop person can tell you what it would cost to pop that dent using on site tools. My guess is less than $100.
I might also check to see if I could find previous tenants to see if they paid for a screen and garage door, too.
If by the time you get to court, the landlord has not replaced the door you might ask the judge to have them replace it or give you your money back. At least the landlord won't keep the money in their pocket.
None, I repeat none of my remarks can or should be construed as legal advise. My ex wife is the attorney. I just worked in the court systems as a computer nerd (though until I got cancer I had planned to make law school a late in life career change - with the idea of becoming a judge).
Anyway, I think that broadcasting the landlord's shady dealings on TV will do more than being another case number on the docket.
Just my 2 cents
Ben
JPG
trainguytom wroteThat's what I meant...forking out my damage deposit (I know, it's already forked) but not letting him keep it if it's not deserved. (otherwise, I suppose, I'd be forked)
I think so!:rolleyes:
foxtrapper
dusty wroteI got an eye opener today that shows me what the real world is becoming. It seems that fair play is a thing of the past.
Chiselers have been around for as long as people have. Nothing new about it.
Rose colored glasses for nostalgia are nice, but not accurate.
JPG
I typically do not use rose colored glasses. That said I do agree with Dusty in that things have changed. Yes being a charlatan is not original, but their occurrences are more prevalent these days.
dlbristol
We have three rentals and I have been on the other side of this, but 1K for those things is just about criminal. If we get a clean house back, we do not keep the deposit. Normal wear and tear is pretty clearly defined at least in colorado. Broken windows, damaged doors ect qualify, weeds in the side yard don't. The deposit amount is not totally out of line IMHO but the keeping it all is! I just had a renter leave after 7 years in the house, and had they done what you guys did, we would have had no problem.
My wife always does a pre- rental walk thru and we record anything that they point out, we give them a week to add to the list and we take pictures. As a renter, I would do the same thing. You have all of the options listed above, I doubt it makes little $ sense, but it might be worth it in satisfaction!
pennview
Time is money, but you need to be pulling down quite an hourly rate to ignore $1,000. And, that landlord is a thief and I'd simply have to pursue him for that reason alone. Besides, a new garage door from Home Depot is about $300.
trainguytom
As to a walk through, in WI if you keep any or all of the deposit you must itemize in writing & there is a time deadline for providing it to the renters. If you miss the deadline the renter has a lot more leverage.
It's at least a good idea to research & make sure the landlord has all his t's crossed & i's dotted.
fredsheldon
pennview wroteTime is money, but you need to be pulling down quite an hourly rate to ignore $1,000. And, that landlord is a thief and I'd simply have to pursue him for that reason alone. Besides, a new garage door from Home Depot is about $300.
Yes, but that big spring that has to be unloaded/rewound scares the heck out of me. Replacing just one panel requires a lot of labor and knowledge or someone could get hurt. The labor and correct tools for the job is what is expensive.
pennview
I guess it depends on your point of view about how difficult or dangerous some things are, but here are very detailed instructions on how to replace the spring on a garage door --
http://ddmgaragedoors.com/diy-instructions/replace-garage-door-torsion-springs.php -- so it's easy to judge whether you'd want to do it yourself or hire it done.
On the other hand, if the spring is already broken (and I don't know why you'd want to replace one if it wasn't broken), you don't have to worry about removing tension from the spring. But in any event, it's not all that complicated and doesn't take a lot of equipment to do the job. As far as replacing panels, I've replaced a few on my wooden garage doors and it really is quite simple -- cut the plywood panel to size, make some 1/4" quarter round molding, install from the inside with a pneumatic brad nailer, and paint. I did have to replace the cable on one of the doors a few years back and that meant the spring had unwound, but since it wasn't one of those memorable moments, I don't recall exactly what it entailed.
dusty
pennview wroteI guess it depends on your point of view about how difficult or dangerous some things are, but here are very detailed instructions on how to replace the spring on a garage door --
http://ddmgaragedoors.com/diy-instructions/replace-garage-door-torsion-springs.php -- so it's easy to judge whether you'd want to do it yourself or hire it done.
On the other hand, if the spring is already broken (and I don't know why you'd want to replace one if it wasn't broken), you don't have to worry about removing tension from the spring. But in any event, it's not all that complicated and doesn't take a lot of equipment to do the job. As far as replacing panels, I've replaced a few on my wooden garage doors and it really is quite simple -- cut the plywood panel to size, make some 1/4" quarter round molding, install from the inside with a pneumatic brad nailer, and paint. I did have to replace the cable on one of the doors a few years back and that meant the spring had unwound, but since it wasn't one of those memorable moments, I don't recall exactly what it entailed.
I believe (know) that it is a relatively simple job to do, if you know what to do and more importantly what not to do. I was fortunate in that I learned what not to do without getting hurt.
You need the right tools to deal with that spring. Makeshift solutions are ill advised.
