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What can I do if my landlord won't give me my security deposit back?

  • I have lived in my current residence for 9 years. I paid a security deposit in order to move in here. I have annual inspections from HUD and on my end there are never any repairs that need doing. This past inspection there was a list of repairs that needed to be fixed by the landlord. He didn't repair them. I have to move in less than a month now. I have found a new house and have worked out payments for new deposit. The house I'm in now I have kept up in very good shape. The carpets are in good shape, no holes in walls..anything that was my responsiblity to repair, I did. However...throughout the 9 years of me living here I did paint the walls, with the permission from the landlord, but NOT written! I just wasn't thinking. It's not black paint or anything, easily can be painted over. I also have a dog, which I got permission to have by the landlord..again verbally. I have had him here for 4 years now...outside. I plan on painting the interior of the house back to ugly old white when I move..just so that he can't say I ruined the walls. He is a stingy slumlord and never fixes anything..the house is falling in and that's why I have to move. I don't sign a lease every year, but when he agreed with HUD to have me live here, he agreed to keep things up and fix repairs...now that he hasn't HUD is making me move. He broke the contract. If I have to take him to small claims court for my deposit, which I have the feeling he's gonna try and keep just because he's that way...what do I have on my side? I mean I can get documentation from hud for the annual repairs and show that I didn't damage the house. Since I've been here for 9 years, can he claim that since I painted he's keeping it, even though he's been here in the past 9 years several times and had no problem and didn't kick me out for it..same as my dog..wouldn't a court look at it with common sense that he never kicked me out for these reasons so he shouldn't keep the deposit now? What can I do?

  • Answer:

    State Laws vary on Landlord/Tenant issues, but there are other Federal Laws that also govern certain issues. In your case you do have even more Federal Laws that will govern, and even take precedence. First thing you must do before any action is to read your lease carefully, word for word. Look for any type of reference to any issue, or particular act on your part that might tend to indicate some failure on your part to perform. Make a list of any such items for yourself. Don't worry if you think there could be too many as you may have a counter to those from other sources for any necessary action against him. Next, get all the documentation you can from HUD on the inspections, and all complaints, or orders of HUD to your landlord of deficiencies he was supposed to correct. You want to particularly get anything from HUD, not only against him, but anything they have that can support you on any acts you might have done to the home that he might claim as part of his reason to keep your deposit. A security deposit differs from advance rent deposits, or deposits made for clean up, and repair funds. The security deposit must be specified for what it actually covers, and should be stated in your lease what is required for it to be returned. Any lack of these things will give you even more grounds to recover that deposit. You might even get someone from HUD to act as a witness for you against your landlord. One of the local inspectors can do this, even if they were not the investigator who made the reports since those reports are official documents. Do anything you can to involve HUD in your claim for your deposit, and count on the fact that you will probably have to take him to court, and that it could take you some time after you have moved before any possible recovery of that deposit. Pay particular attention in what HUD has for those issues of the painting, and the dog. If HUD noted them long ago, and the landlord has never taken issue with them, he loses any right of claim over those at this stage of the game. He would have had to have taken issue with them long ago. The whole plan is always to "Get all your ducks in a row." Seek out anything that he might try to use against your claim, and then insure that you have everything you need to block that use from acting against you. Preparedness for any legal battle is no different than military strategy for battle. I have fought many such court cases, and have never lost a one. The problem where people lose these cases when they shouldn't is that they were not properly prepared. It sounds as if you are on the right track, so I hope this has given you a little insight as to what you have ahead of you to win. As I see it, you have an excellent chance if you take care of these basic preparedness ideas. (You also should pay attention to your court procedures so that you follow the rules of procedure in presentation so you don't get things out of order that can be disallowed. Presentations in the wrong order in court can get those things thrown out. An attorney knows these, and follows them. [most times] )

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It sounds like you have been an ideal tenant. What I would do is when you are ready to move out you take photos of everything; walls, carpeting, bathtub, etc. Also, have some sort of 'tenant moving out form' and have the landlord accompany you, filling the form out as you go thru the premises. It doesn't sound like you will have a problem. Best wishes.

Sweetharttt

Haven't read what the story is, but I may only recommened to get legal or get the advice first of someone who knows your local Law. Sadly, that's pricey!!! Edit adding. Did I attract a thumbs down troll? Tosser... Sucks that nothing is in writing. Still, with a attorney, what "paperwork" is there to prove, without a shadow of a doubt, that your landlord is one SOB?!?

Seeker, F.K.A JH da II

Small claim court is the way to do it.

asian_man_admires_bbw

You should get most, if not all, of your deposit back. You are only obligated to leave the place at the same level of cleanliness as existed when you moved in. Clean the floors, counters, appliances, etc. Ask the landlord for a walkthrough and have him point out what needs to be done, and put it in writing. Take pictures when you leave, and have a witness. Landlord cannot charge for normal wear and tear. After nine years, the carpet is likely beyond its useful life. Landlord should not be charging you anything for the carpet, because it needs to be replaced anyway. Go to small claims court if the landlord gives you any hassles. In some states, wrongful withholding of security deposit can make a landlord liable for treble damages, which means liable for the deposit itself, plus double the deposit in penalty.

Mr Placid

Small claims will not even allow an attorney to represent you, you have to go yourself anyway. Your task is to prove that in 9 years you and your dog did not damage the property. That is really hard, because most people and most dogs will damage property in 9 years. Dead grass from dog pee is damage. Take a video of the house, including a newspaper to document the date, and lots of close up pictures of the hop spots. Typical damage is to cabinets, counter tops, flooring and window treatments. Make sure you cover everything, anything skipped might be what he claims you damaged. After 9 years paint is not an issue, no matter what you did he will have to repaint. Just be sure to show that you did not damage the walls. Your logic, "he never evicted me, so I must have been a good tenant" is not a good one, I would not pull that on the judge. He knows that the landlord will tolerate you simply because section 8 makes evictions so hard.

Janet P

Painting the place is NOT normal wear and tear. If the lease says you needed written permission to paint, and you didn't get it, you might have a problem in court. Failure to evict you for painting, or having a pet, does not necessarily prevent him from keeping the deposit for damages. You need to try and work it out with him without going to court. If you go to court, it will be your word against the lease. Edit: All small claims courts must not be the same. I have always been represented by an attorney, and have never lost to a tenant. You may want to check with your local court system to see if they allow, or if you can get, a pro bono attorney if you go to court. Another Edit: If you don't give 30 day notice, he doesn't have to give you your deposit back. You are breaking your lease.

Marc F

He can't legally keep your deposit for "normal wear and tear", i.e. painting the place. Tell him you're getting an attorney and he'll probably cough up the money. If he doesn't, find a "peoples' legal service" type place and get them to write a letter on your behalf. They might do it pro bono.

jezebel

Take him to Small Claims Court . . . and research the landlord-tenant law in your state. Usually painting is the landlord's responsibility after you have lived in a residence more than a couple of years. If the landlord knows the dog has been there for four years and has not complained, then you have nothing to worry about and the court should rule in your favor.

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