- September 25, 2023
- Posted by: legaleseblogger
- Category: Related News
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Receiving My Rental Deposit Back and Unexpected Charges
Recently, I contacted my landlord to inquire about the return of my rental deposit, which amounts to $750. To my surprise, they informed me that there were a few deductions for the usual cleaning and repairs, but what caught my attention was an additional charge of $1,300 for a complete paint job of the apartment. The apartment consists of two bedrooms, one bathroom, and is relatively small in size.
Now, I am absolutely clueless about the origin of this hefty $1,300 charge. During my time as a tenant, there was no wallpapering or repainting done whatsoever. I resided in the apartment for a duration of 3 to 4 years, and the only minor flaw I can recall is a small spot of hair dye on one of the doors.
To add to my perplexity, I have spent the past hour racking my brain trying to comprehend how the idea of holding me responsible for a full paint job even arose. It is crucial to note that I was an exemplary tenant, never once being late with my rent payments.
The only remotely plausible explanation that comes to mind is the possibility of smoke damage. This inference stems from an incident where my downstairs neighbor accidentally fell asleep while cooking, causing a fire. Naturally, I immediately reported the emergency to 911, and the fire department promptly responded. Their arrival time was unfortunately delayed, but thanks to my quick action, I was able to prevent the entire complex from burning to the ground. It truly was a noble and responsible deed.
Curiosity led me to check the online reviews for the landlord, specifically on Google. Surprisingly, there were only two recent reviews, and astonishingly, both tenants expressed identical grievances. They were also charged excessively for damages supposedly assured to be covered by reimbursements that never materialized.
In this frustrating situation, an AI Legalese Decoder could prove incredibly beneficial. By utilizing this tool, I would be able to properly decipher the complex legal jargon within my lease agreement. Understanding the intricate provisions, clauses, and stipulations would empower me with the knowledge to navigate this dispute over the paint job charge. Moreover, the AI Legalese Decoder could assist in identifying any potential breaches of contract or unfair terms that might have been overlooked.
Overall, the incorporation of AI Legalese Decoder would significantly help individuals like myself to comprehend and protect our rights as tenants. No longer would confusing legal terminology and convoluted contracts impede our ability to advocate for ourselves in such situations, ensuring a fair and just resolution.
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****** just grabbed a
I moved into a 2 bedroom a few years ago with my husband and they did ZERO cleaning before we moved in. I remember my mom video taping it while friends and family were helping us move in. I was basically crying asking her to stop because I was embarrassed and exhausted and stressed. Those videos are the one thing that saved me from over $2000 in “repairs and damages” plus all the cleaning fees. This place was known for screwing you out of every last penny at the end and I only paid $230 after fighting it tooth and nail with time stamped videos as evidence.
I always take photos and videos whenever I move in and out of a new place now. It saved my arse. No one will be calling me a liar. Every last scratch scuff and hole in the damn wall is in my camera real. And if I damage something I get evidence of what it looks like or how its running so they can’t make it seem worse than it was.
Instead of getting lost in the details, what evidence do you have to stand on that shows the walls were actually the same before and after you moved in?
If the walls needed paint, a lot of landlords will leave it alone, let someone move in, and then blame it on the new tenant. It’s scummy but it happens.
Do you have pics of when you first moved in, vs after? You’re gonna have to want a fight if you really wanna pursue this. But I will say the deposit is supposed to be all they get to deal with this — they don’t get to ask you for more. At least where I’ve lived.
NAL
In my state:
“However, the landlord may deduct from the security deposit money for property damage that is more than ordinary wear and tear and any money due the landlord under the lease or agreement. *If the amount of money owed to the landlord exceeds the amount of the security deposit*, the landlord *may sue for the difference.*”
So I find it odd that they’re comfortable “charging you” for a maintenance item–an aspect that is expected to be refreshed or require attention in at least a regular interval–(regardless of who does the service,) in a living space, such as paint, or carpet, etc, in your case it’s paint.
Where I live (Chicago) landlords are supposed to clean and possibly paint between tenants, but this is considered routine maintenance, and not something they should use a security deposit to offset.
Couple of things, so in MS (and most states) the landlord cannot charge for regular wear and tear. If you lived there for say 8-10 years, a repaint would probably fall under normal wear and tear. Since it only 3-4 years, they need to prove that the repaint was required as a result of your tenancy (if you donÔÇÖt pay they will have to prove this in court to get a judgement against you)
Also, in MS they are required to send you written itemized notices of the reason they are keeping your deposit within 45 days of the end/termination of the lease.
At this point, you could wait for them to sue you, or if you think they also owe you your deposit back (general cleaning is not an allowed deduction, if the apartment was ÔÇ£broom cleanÔÇØ when you left what are they charging you for?) you could sue them.
Either way, I would begin collecting everything you can. Even if you didnÔÇÖt take photos on move in and move out, photos in the apartment (ie. Took a photo of a pet and the walls in question are visible) could help. Also, records from the fire, a statement from the former owner, any insurance claims from the fire may be useful if they sue.
Source
[MS Legal Services](https://www.mslegalservices.org/resource/landlord-tenant-law-in-mississippi#What%20steps%20can%20a%20tenant%20take%20to%20get%20a%20security%20deposit%20back)
Lol no. Just no. Don’t pay it and demand an itemized bill or refund of your deposit. If they do sent the itemized bill, dispute anything on there like cleaning, painting, etc
Small claims court
if you have photos of the apartment on the day you left (something everyone should do is take photos and video of the vacant apartment on move out day), sue them in civil court. Been there done that, and won. the manager who went to court was giggling at me in the hallway of the courthouse when he lost – said “you’re the only one who sued us. We do this all the time and 99% of people just drop the issue because they dont have photos.” To which i replied “scumbag” and left. Got the check 2 weeks later.
Check your stateÔÇÖs tenant rights. In my state you get rewarded extra money if your landlord keeps your security deposit and they shouldnÔÇÖt have. Sounds like you should not only be ignoring this bill but getting your safety deposit back.
In a pretty large number of districts, landlords are required to paint between tenants. Sometimes it’s elucidated in the code that a tenant has to live there a certain period of time, but in my area, a landlord has to paint between every tenant.
Unless you caused SIGNIFICANT damage to the paint (ie: smoking a shit ton in the house, negligent damage by being a wall-punching Kyle, etc.) they have very little likelihood to have grounds to charge you for the painting. check your local codes.
Sounds like they’re doing routine maintenance but trying to make you pay for it.
Hi. Look at your lease and how long is paint is deemed to last. I work in property mananagement. Here in cali, paint is deemed to last 3 years. If you lived there after that time frame you donÔÇÖt get charged. Also if you might have to pay a pro rated amount not the full amount.
Reminds me of the time my landlord deducted money from my deposit for carpet cleaning and then had all the carpets replaced (makes sense, wear and tear). How do I know? I found their next tenant for them (who is still living there today, 10 years later).
Do you have photos from your move in to compare with photos from your move out?
What state is this? I wish they could create a bot that rejected posts in this sub until the post includes the jurisdiction where the facts occurred. Law varies so much
Small claims court! Make them prove it!!
Look up your local renting laws, being there for 3-4 years should not require you to pay for wall\ceiling painting if it’s “normal wear and tear” .
I was an assistant manager at a complex & the properties we managed were spray painted everytime someone moved out regardless of damage, but it was a small fee of $50 that was made known up front & had to be agreed upon in the contract in order to move in. The amount you’re being charged is outrageous.
What state? For example, New York requires a repaint by the landlord, so they can’t charge for it.
This must differ from state to state, I live in Wisconsin and landlords are “suppose” to paint between every renter by law. Because of this, they can’t charge for repainting.
normally, at least where i grew up for the past 39yrs, painting was normal wear/tear unless you paint the walls your own color, etc. the landlords would always re-paint after moving out & i’d never be charged & no one I know has ever been charged. but always take video/pics before you move in (i don’t think i did at this new place as it wasn’t on my mind really b/c i had just moved from the midwest to the west coast, which could fuck me). i’ve never had to resort to showing the pics/videos i’ve taken but it sounds like your issue may have just been that one time. not sure what you could really do, i’d look at the tenant/landlord rules for your city/state. i might even consult w/an attorney but unless it’s a free consult, is it worth shelling out the money for a consult when they might just say there’s nothing you can do? you could take them to small claims court, include attorney fees/court fees in the cost you want to be reimbursed.
Lmao my house changed owners 3 times in the 2 years I’ve been there. I don’t have a written lease, and I am almost certain my current landlord never got any transfer of security deposit when he bought the house. Since we don’t have any paperwork and more or less go off a month to month verbal agreement, if he tries to saddle me with any cleaning fees or repair costs, I’ll just tell him that the 1400 dollar security deposit covers it. Not my fault if you never asked for that to be transferred to you. I’m not paying a second one.
3-4 years, there should be a lot of expected wear and tear that does not come out of your deposit. IÔÇÖm in MN and things like normal repainting are not allowed to be deducted or even simple patch jobs for wall hangings. Carpets have a 5-7 year lifespan and unless there is neglectful damage like holes in the wall, then itÔÇÖs the landlordÔÇÖs responsibility.
What everyone said in regards to wear and tear and can’t be charged but also whether or not they sent you itemized breakdown. Some areas are 3x deposit back if no letter within X days or something. Hopefully you took pictures…
Next place you move to, take pics or video (time-stamped) before you move in.