Getting screwed out of a security deposit by an old landlord...what should I do?

Today I finally got back what was left out of my original security deposit from the place I moved out of at the end of July. Out of $2000, I have $74 back.

Some of the things that I would dispute include:
$600 for a house cleaning, which includes the stove, fridge, cabinet, bathrooms, and painting smoke damage. When we moved out, we did a walk-through and she said she was satisfied with the cleaning job we did. We did have a grease fire, and there was smoke damage, but we painted over all of it ourselves, and again, she said it looked fine when we moved out.

Over $200 for carpet shampooing. We didn’t leave any more stains then were already on the carpet when we moved in. Again, never mentioned to us that she was going to have this done.

Damage repair. I admit some things were mentioned that needed to be fixed, but other things are BS charges. Bedroom door knobs? Never mentioned to us at all. Kitchen counter damages? Nope, she never said a word. Hardwood floor scratches? That floor had stains and scratches when we moved in. Front door frame? Umm…we actually told her about this. We had a windy day late spring, and the front door got caught in the wind and slammed into a post for the porch. A bit of the frame for the screen door, the screen door itself, and the post were damaged. We called her and showed her the next day, so why the fuck do we have to pay for it if it was from the wind? :confused:

New keys for the doors. Two of my roommates lost their keys to ONE of the doors, not both. We returned all five to the front door, but just 3 to the side door. The lease said every key not returned is a $10 fee…she charged us $90 to replace both locks (despite one of them getting all the keys back for it.) Shouldn’t that be $20?

We also have to pay for the fridge to get fixed, because the last two days we were there, it stopped working. We didn’t notice, because we had already cleaned it out and had nothing in it. We noticed right before she came over to inspect it when we were doing a last check of the place. We informed her then and there, and she never said she would charge us, because how can she? We didn’t do anything to it, it just stopped working.

So, out of these, do any of them scream completely illegitimate? Should I contact a lowyer, or just try to find some kind of tenant’s rights thingy around here?

Most U.S. jurisdictions have tenant/landlord laws available on the internet, a Google search should find them for you.
This is usually a small claims matter, $2000 probably doesn’t justify hiring a lawyer. You will need solid evidence: paperwork showing the final inspection, witnesses, etc. You can bet the landlord will have documentation.
This is an often repeated scenario and sometimes the court may recognize that a landlord is being unreasonable, but it’s the kind of thing you should consider when you first rent, not after the fact.

How would I know beforehand if she was going to be unreasonable? I’ve had apartments before, and they all went smoothly. I think the biggest problem here was that it was a 5-person arrangement, yet only ONE name was on the lease…guess who’s name that was? And with 5 people things got complicated…for instance, someone ended up throwing out our copy of the lease. So technically she could go and make her copy say whatever she wants (though she doesn’t know I lsot my copy.) I agree I should have walked away then, but all of us involved NEEDED a place right away and it was a decent price (at least, before she took all of the SD.)

I realize I’m probably throughly screwed, due to lack of proper documentation on my part. But it would seem to me that at least some of those things she would inherently not be allowed to charge me for (like the fridge, and wind-caused damage.)

One thing I can think of is that it’s possible the carpet cleaning was in the contract. In my contract for my last apartment it specifically said that upon moveout we would have to write a check to such and such carpet cleaners for $xx.xx for mandatory carpet cleaning. If you have the move out inspection on hand, take a look at it. Anything that you were charged for that was not mentioned on that sheet, I would throw a fit over. Call them about it. Call them every day about it. Oh, is your landlord someone that just owns a few properties of is it a business that owns lots of apartments. If it’s a huge business I wouldn’t bother with the lawyer, most likely they have a lawyer on retainer that knows more about landlord/tennent law then you can afford to hire. OTOH, if it’s someone that just owns a few small properties around the city, you might want to look into a lawyer. My guess would be that a little bit of research by the lawyer and a strongly worded letter or phone call may get you some of your money back.

It’s a business transaction, you should always exercise dilligence and keep records, take picture, get copies and receipts, etc. It’s never a good idea to accept responsiblity for someone elses’a actions, which is what you did by being the only lease signer. As I said, take the LL to small claims and tell your story, the judge may give you some relief and the court costs are minimal if you lose.
How long did you live there, some things can be attributed to normal wear and tear, depending on the length of time, it’s arbitary.

And to add to the wear and tear, some states define how long things are supposed to last. For example, in Wisconsin a carpet is supposed to last 7 years. When I moved out of my last apartment, I was concerned some of the stains wouldn’t come out and they would replace the carpet. I mentioned it to a landlord friend of mine and she told me that since in Wisconsin they must replace the carpet every seven years and we lived their for two years (we were the first one’s to live in that apartment) they could only charge us for 5/7 of the cost.
Also, I believe anything they charge you for they MUST replace. At the very least you may (or may not, I have no idea) be able to force them to prove they actually did all the repairs they charged you for and didn’t just ‘pocket’ the money.

This might be a stupid answer, as you probably have already done this, but my first course of action would be to take a look at the lease and see what it says about the deposit. Then, if none of those things are covered, write to the landlord spelling out exactly what your concerns are. Don’t make the letter overly long, just detail the items you dispute and request the funds. I would end the letter by saying that non-return of the money or non-response (give a fortnight or so to do that) will force you to take legal action.

Next time in the exit walk through have the landlord go through the same check list you both signed when you moved in. Didn’t do that. There’s your problem. Don’t accept the apartment until you both sign the check list noting the condition of items like rugs, and anything else that is damaged. Get picky. A broken door knob you have it on that list, or you’re going to get your fingers burned.

Absolutely correct. I should have mentioned that. Better to negotiate than litigate. If the landlord refuses to consider your objections w/o explanation, you might be able to use that communucation to bolster your case in small claims court.

25 years ago while in college, the first time I ever rented an apartment, the landlord dicked us out of the security/damage deposit. We sued her in small claims court, and recovered the majority of the disputed amount. So that’s one possible avenue of recourse.

You need to check the landlord/tenant laws in your jurisdiction as well as your lease. A lot of states have very specific statutes addressed to this situation, and very strict rules that the landlord must follow. Sometimes double or triple damages are available.

I was in small claims court for a different reason after I graduated and the case right before ours was a tenant suing for their security deposit back. She won.

I’d imagine it’s not unusual though. After having to move out and being a tenant for years, how attached would most people be to that $200 they gave them 4 years ago. I’d think enough people would just accept what the landlord said and surrender the money that throwing in “repairs” is pretty lucrative.

Well since nobody else stepped up to the plate, here is a PDF on Vermont rental law

Here is the actual law for your reading enjoyment.
This page has info about going to court, special info about Burlington is near the bottom.

Thanks, Rick for that great cite. My Bro is some sort of Rental Local Gov’t board-member and he says the ignorance amoung landlords as to the laws they must floow is shocking.

Many local or State gov’t have some sort of rental rights commision or something. Call your local State Rep, City and/or County elected rep’s office and they will refer you there.

If not, many local Bar assoc’s will give you a free consultation.

I love you.

No, seriously, check this part out:

I searched for laws like this, but my google-fu is weak, clearly yours is stronger. I’m going to call and write my old landlord and see if we can work something out. I request that is thread be closed, since my questions have been answered, and due to possible, but maybe not probable, litigation, further replies might be construed as legal advice.

Thank you.

Closed at the request of the OP. Good job, everyone.