Our landlord kept $1100 of our $1595 security deposit . They gave us a general list but not itemized. Can we ask for receipts? They said they would get the house pressure wash we but never said we would be charged. Said they would cut back the bushes but again never said we would be responsible or it. So we never got a chance to choose who we wanted to use to get anything done. After five years of living there.
And to top it off their math is off. The check is for the incorrect amount after they make all of their deductions.
We can’t afford an expensive attorney. What should we do? Small claims? Can we cash the check? I think not.
**updated – Florida state
Our landlord kept $1100 of our $1595 security deposit
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The way the law reads it seems he is required to give an itemized bill. Further he had to notify you in writing that he planned to keep part (or all) of the deposit no later than 35 days after move out. You would then have 15 days to dispute in writing. So were all these steps followed?
no itemized list. He sent us a form that basically said “deducted for repairs $900” and “cleaning fee $200”.
nope that doesn’t fly. repairs need to be advised and billed exactly, not some round number.
He is required to give an itemized professional list within 30 days of you moving out.
Send a demand letter to him and the Attorney Generals Office.
why attorney Generals office and not small claims court?
because the AG investigates and if there are any criminal violations then the attorney General‘s office will write up a charge sheet. When you sue in small claims court you’re only suing on a contractual breach, which is only at costs and damages.
It would be small claims and an attorney wouldn’t take it. You sue him in court, including court cost and see if you win
Small claims court. He can not keep your deposit based on general maintenance. The deposit is to cover any damages created by the Tennant. I would send a certified demand letter then file it in small claims if he doesn’t return it. Request any damages that you caused to be broken down. The amount is to small to be worthy of an attorney, but well worth small claims.
Its sad when its not clearly spelled out, although it’s typical during move out that the LL picks the service providers. Check your state code. Some are very specific and you could find something helpful.
Send a certified letter asking for itemized deductions, normal wear and tear can not be counted. Painting walls, washing outside of house normal wear n tear.
No you are not entitled to receipts. The landlord can charge you even if he does it himself equal to what he’d pay someone else. In no way am comparing what I’m going to say just general info. I was a landlord for twenty years and what the deposit covers is wildly misunderstood. It is not to be used for the last months rent. It’s to put the unit back to wear it was when the tenant moved it. Allowable look e charges are these:
-Repairs beyond general maintenance that weren’t reported, screens, door knobs, locks etc.
-Painting is general maintenance and wear and tear except if the damage to the paint is excessive given the amount ic time the tenant lived there.
-carpet cleaning. No matter how clean you left it it’s required. So don’t bother cleaning it yourself just vacuum well. And you will be charged for repairs or even the replacing if there are large holes, stains, or excessive damage.
-Deep cleaning, even if you clean, it still needs to be gone over and sanatized.
-Any holes in the walls or drywall damage, which is a process no matter the size.
-Cleaning the refrigerator. It’s amazing how gross people leave refrigerators.
-Also amazing, how gross people leave cabinets.
-power washing and any yard work that the tenant was responsible for and didn’t to.
-Disposing of items and garbage left in the unit.
-Batteries for smoke detectors.
-Repair if all handrails, railings it’s.
-repair of non working appliances.
If you didn’t report these things before you gave notice, you will be charged.
What they can’t charge for us normal wear and tear for carpet and painting if you’ve lived there for awhile.
If a tenant was a smoker they will be charged to wash the walls regardless. The amount of nicotine in the walls is amazing and it’s hard to get off.
Anyway hope this helps.
in some states itemized receipts are required actually.
in my state receipts are required.
NAL: In my state it must be itemized and the landlord here isn’t allowed to charge for wear and tear that is normal. I would literally request in writing what I all was used for.
Check the rental laws in your state to see if they were supposedto give you an itemized list. But if that check is wrong or if you believe they kept too much I’d take them to small claims court. Did you take pictures when you first moved in and when you moved out? That would be your evidence if needed.
It needs to be an itemized list & can’t include normal wear & tear. Note: cleaning is not part of normal wear & tear. Tenant must do it. At the 5 year mark, painting the walls would be normal wear & tear. Owner must cover it.
-landlord
itemized yes. Receipts no, tge landlord can do the work himself and charge by the job or the hour but the statement needs to be explicit.
I’d definitely ask for receipts. I don’t see how you’d be responsible for pressure washing the house, was that in the lease? Small claims doesn’t cost much and you’ll meet with a mediator first and hopefully come to an agreement there, if he doesn’t show, you win. 
I didn’t know we meet with a mediator first. Good to know. Thx
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