# Landlord taking more than security deposit? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [August 30, 2012, 12:36am UTC](https://boards.straightdope.com/t/landlord-taking-more-than-security-deposit/633090 "2012-08-30T00:36:17Z")\ **Posts on this page:** 17\ **Page:** 1
**Author:** ![Gestalt](https://avatars.discourse-cdn.com/v4/letter/g/90ced4/32.png) [@Gestalt](https://boards.straightdope.com/u/Gestalt)\ **Post date:** [August 30, 2012, 12:36am UTC](https://boards.straightdope.com/t/landlord-taking-more-than-security-deposit/633090/1 "2012-08-30T00:36:17Z")
I am moving out in about a week from a place I’ve lived for two years. The management is super sketchy at this place, and they tacked on a lot of extra charges to our rent. Regardless, our security deposit was ridiculously low (about 1/6 one month’s rent). I am happy to give them my whole deposit, but I am worried they might ask for more money. Is this common? Has anyone had this happen to them? I am primarily concerned with some mildew in the kitchen and bathroom. Everything else I think is normal wear-and-tear. Also, this place is pretty ghetto and most of the tenants look poor, and everyone seems really transient, so I’m not sure how much money they can extract from their average tenant. But the very low deposit is worrisome to me. Any experience would be very much appreciated. Thanks! ---
**Author:** ![njtt](https://avatars.discourse-cdn.com/v4/letter/n/ecd19e/32.png) [@njtt](https://boards.straightdope.com/u/njtt)\ **Post date:** [August 30, 2012, 12:52am UTC](https://boards.straightdope.com/t/landlord-taking-more-than-security-deposit/633090/2 "2012-08-30T00:52:46Z")
This is not very clear. Are you talking about the deposit on the place you are moving out of or the one you are moving into? If it is the one you are moving out of, well, can’t you just say no? What’s he going to do? Stop you from leaving? Does he, for some reason, already have a bunch of your money that he is supposed to give back, apart from the deposit? If it is the one you are moving into, aren’t any extra charges in this regard just more security deposit under some other name (which may be fair enough given that what they _call_ the security deposit is so low)? ---
**Author:** ![fluiddruid](https://avatars.discourse-cdn.com/v4/letter/f/c2a13f/32.png) [@fluiddruid](https://boards.straightdope.com/u/fluiddruid)\ **Post date:** [August 30, 2012, 12:56am UTC](https://boards.straightdope.com/t/landlord-taking-more-than-security-deposit/633090/3 "2012-08-30T00:56:16Z")
Take pictures of everything before you leave and clean the place as well as possible. I’ve definitely had sketchy landlords outright lie, and when I told them I knew they were lying and I had pictures, they dropped all the issues outright without dispute. Usually it’s best to do this at the beginning, too, so they can’t claim existing damage was you. I got screwed with this once with a shitty oven that had never been cleaned or repaired, that I didn’t use, and that they charged me like $200 for “Cleaning” I knew they never did. Later, I had one landlord claim we stole fittings that were NEVER there, damaged other stuff, and I told him I’d inventoried and photoed everything when I’d started – he asked to see them before he filled out the damage form (to try to find loopholes), and I said absolutely not, he should use his own records and I’m keeping mine for my own protection. I didn’t actually do it anyway 🙂 but I knew he was lying. Got my whole deposit back. They certainly can come after you for damages greater than the deposit so it’s best to protect yourself. ---
**Author:** ![chizzuk](https://avatars.discourse-cdn.com/v4/letter/c/e36b37/32.png) [@chizzuk](https://boards.straightdope.com/u/chizzuk)\ **Post date:** [August 30, 2012, 12:59am UTC](https://boards.straightdope.com/t/landlord-taking-more-than-security-deposit/633090/4 "2012-08-30T00:59:54Z")
> [@njtt](#): > > This is not very clear. Are you talking about the deposit on the place you are moving out of or the one you are moving into? > > If it is the one you are moving out of, well, can’t you just say no? What’s he going to do? Stop you from leaving? Does he, for some reason, already have a bunch of your money that he is supposed to give back, apart from the deposit? Well, they can ding your credit, right? They can also give you a bad reference if you ever need it for a future landlord. We were charged $400 in damages for the apartment we moved out of last month (no security deposit, it had been a move-in special at the time). They sent us an itemized list of the repairs, photos documenting the stains and whatnot, and told us either to pay up or be sent to collections. We paid. ---
**Author:** ![Gestalt](https://avatars.discourse-cdn.com/v4/letter/g/90ced4/32.png) [@Gestalt](https://boards.straightdope.com/u/Gestalt)\ **Post date:** [August 30, 2012, 1:09am UTC](https://boards.straightdope.com/t/landlord-taking-more-than-security-deposit/633090/5 "2012-08-30T01:09:22Z")
FYI, we are in Georgia and according to the GA tenant landlord handbook, if the landlord owns more than ten units, which this one does, than after he has met certain requirements he can “sue the tenant for any damages above the amount of the security deposit.” If they own less than ten units, then the law says the landlord, “would only need to notify the tenant of his intent to keep the security deposit to cover the damages and that the tenant owes an additional amount for damages.” So does that mean that they need to take us to court for anything above the security deposit? Cause that sort of seems like a big pain unless it was truly HUGE damage. ---
**Author:** ![grude](https://avatars.discourse-cdn.com/v4/letter/g/e47774/32.png) [@grude](https://boards.straightdope.com/u/grude)\ **Post date:** [August 30, 2012, 1:14am UTC](https://boards.straightdope.com/t/landlord-taking-more-than-security-deposit/633090/6 "2012-08-30T01:14:53Z")
DO A WALK THROUGH WITH THE LANDLORD!!! Seriously it is so simple, when you have fully vacated the place and are ready to hand over the keys invite your landlord over so you can both do a walk through. They can note any issues in writing and you can note anything that was already an issue when you moved in, you each get a copy and each copy is signed by the both of you. Hopefully you did this before moving in too for best effect. Totally gets rid of he said she said in small claims. ---
**Author:** ![Gestalt](https://avatars.discourse-cdn.com/v4/letter/g/90ced4/32.png) [@Gestalt](https://boards.straightdope.com/u/Gestalt)\ **Post date:** [August 30, 2012, 1:18am UTC](https://boards.straightdope.com/t/landlord-taking-more-than-security-deposit/633090/7 "2012-08-30T01:18:43Z")
We did a walk-through at the beginning, but honestly I am pretty sure the mildew in the cabinets and in the shower is our doing. I am willing to put a few hours into trying to clean it, but I’m worried that they will find a way to say that this is our fault and we owe $500 for cleaning. We didn’t do anything “unusual” with the apartment. We just stored our plates in the cabinets, etc. However, there is some mold under the sink, which is just because of moisture and I’m sure most kitchens in America would have that, and there are some unusual dark stains in the cabinets and drawers; these I am pretty sure are just water stains. There’s not, like, a huge hole in the wall or burns on the carpet. Yes, we did a walk-through. However, I don’t remember the exact condition of the apartment when we moved in, and there might have been some small stains that escaped our notice. Or my idea of “normal wear-and-tear” might not fit with theirs, and they might want to charge a ton of money to revamp everything. ---
**Author:** ![ioioio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ioioio/32/316_2.png) [@ioioio](https://boards.straightdope.com/u/ioioio)\ **Post date:** [August 30, 2012, 2:09am UTC](https://boards.straightdope.com/t/landlord-taking-more-than-security-deposit/633090/8 "2012-08-30T02:09:49Z")
_Tilex_ works wonders for zapping mildew. For the shower, just spray the walls heavily, let it sit for a few minutes and then hose the walls down. You can use it on anything porcelain or tile. I use it on painted walls, dry wall, and sometimes even wood. It contains bleach, so be careful. If in doubt, test a small hidden piece of the surface first. It doesn’t remove rust stains or lime scale (for those you need _Lime Away_). ---
**Author:** ![Kaio](https://avatars.discourse-cdn.com/v4/letter/k/c68b51/32.png) [@Kaio](https://boards.straightdope.com/u/Kaio)\ **Post date:** [August 30, 2012, 3:49am UTC](https://boards.straightdope.com/t/landlord-taking-more-than-security-deposit/633090/9 "2012-08-30T03:49:54Z")
> [@njtt](#): > > If it is the one you are moving into, aren’t any extra charges in this regard just more security deposit under some other name (which may be fair enough given that what they _call_ the security deposit is so low)? Sounds like he’s moving out, not in, but I can tell you these other fees are not like a security deposit. A security deposit you legally should get back, assuming no damage to the place beyond normal wear and tear. These days a lot of places around here are advertising “no security deposit!” because instead they have a “move-in fee” – which is just as high as a security deposit, but they don’t ever give it back. It’s pretty obvious they’re doing this to skirt the law around security deposits (in IL they have to hold it in a separate bank account from their main business accounts and pay the tenant interest on it, plus the whole “giving it back” issue), but the loopholes haven’t been closed yet. ---
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [August 31, 2012, 4:18pm UTC](https://boards.straightdope.com/t/landlord-taking-more-than-security-deposit/633090/10 "2012-08-31T16:18:35Z")
> [@laina\_f](#): > > _Tilex_ works wonders for zapping mildew. For the shower, just spray the walls heavily, let it sit for a few minutes and then hose the walls down. You can use it on anything porcelain or tile. I use it on painted walls, dry wall, and sometimes even wood. It contains bleach, so be careful. If in doubt, test a small hidden piece of the surface first. It doesn’t remove rust stains or lime scale (for those you need _Lime Away_). This. I’m confused why don’t you just scrub the mildew off the surfaces with a brush and a spray cleaner which is normal household maintenance. It’s just an easily removable thin mold layer, it’s not like it’s welded on there. ---
**Author:** ![Fuzzy\_Dunlop](https://avatars.discourse-cdn.com/v4/letter/f/848f3c/32.png) [@Fuzzy\_Dunlop](https://boards.straightdope.com/u/Fuzzy_Dunlop)\ **Post date:** [August 31, 2012, 5:10pm UTC](https://boards.straightdope.com/t/landlord-taking-more-than-security-deposit/633090/11 "2012-08-31T17:10:09Z")
> [@Gestalt](#): > > So does that mean that they need to take us to court for anything above the security deposit? Cause that sort of seems like a big pain unless it was truly HUGE damage. I am not a lawyer or particularly experienced at debt collection, so take this for what you will. But I find it very unlikely they’d have any success collecting any money from you short of taking you to court. It’s a fee for damages they claim that you did to their property, not a debt like unpaid credit card or an unpaid phone bill or merchandise/service you received and refused to pay for. It seems like it would be an incredibly hard debt to validate for a collections agency, unless of course they sued you first and had a judgement against you, which would be a completely different story. ---
**Author:** ![Time\_Stranger](https://avatars.discourse-cdn.com/v4/letter/t/5fc32e/32.png) [@Time\_Stranger](https://boards.straightdope.com/u/Time_Stranger)\ **Post date:** [August 31, 2012, 6:17pm UTC](https://boards.straightdope.com/t/landlord-taking-more-than-security-deposit/633090/12 "2012-08-31T18:17:21Z")
Definitely clean as best you can. Magic Erasers are pure sorcery and may help. It sounds like it it is just regular wear and tear though. If you want to call the hotline for landlord-tenant questions, in GA it is 1-800-369-4706 (Hotline is run by the GA dept of Community Affairs). I know you said you read their handbook, but they might be able to better answer your questions. Also, when you move out, make sure you are there when they do the leave inspection. Take pictures of everything. I am copying a section of a [leasing publication](http://www.fcs.uga.edu/ext/pubs/hace/HACE-E-80.pdf) here the GA Extension office did: > [@](#): > > Your lease will normally last until the end date stated in the contract. If you have no lease contract, > the lease term will typically end 60 days after the manager provides notice. The lease may also be > terminated if the resident violates the terms of the lease. > After getting possession of the unit back, managers have 3 days to inspect and provide a list of > damages. Residents have 5 days to review the list and sign it. If the list is incorrect, the resident must > either note this on the original list before signing it, or provide a separate signed list. > Managers may keep deposits for damage to the unit, rent owed, or unpaid utilities. However, managers > may not keep deposits for ordinary wear and tear from the use of the unit. Managers have 30 days to > return the deposit. Failure to return a deposit can result in the manager having to pay up to 3 times the > deposit amount and the resident’s attorney fees. The resident cannot get this unless he cooperated in > signing a move-out list (either the manager’s or his own). > To prevent disputes, it is a good idea to take pictures of the unit right before moving out. Place that > day’s newspaper in each picture to show that the pictures were not taken earlier in the lease or be sure > to include the date as part of the photograph. If they do hit you with unreasonable fees, you do have recourse to challenge them. Hopefully they aren’t jerks about it. ---
**Author:** ![iamthewalrus\_3](https://avatars.discourse-cdn.com/v4/letter/i/258eb7/32.png) [@iamthewalrus\_3](https://boards.straightdope.com/u/iamthewalrus_3)\ **Post date:** [August 31, 2012, 6:37pm UTC](https://boards.straightdope.com/t/landlord-taking-more-than-security-deposit/633090/13 "2012-08-31T18:37:20Z")
> [@Gestalt](#): > > So does that mean that they need to take us to court for anything above the security deposit? Cause that sort of seems like a big pain unless it was truly HUGE damage. This is pretty much always the case. If someone says you owe them money, and you say you don’t (or you just don’t want to pay it), then they have to take you to court. It’s not like they can hire someone to come around and bust up your kneecaps (Well, they _can_, but hopefully you know if you’re dealing with an extra-legal situation like that before you get into hock). Now, if they’re charging you for something that you legally should have to pay for and you really are responsible for, then you should pay them, regardless of what your deposit amount was. Because that’s part of being a responsible adult member of society. If they’re trying to charge you some bullshit that’s not your responsibility, tell them politely that they can go pound sand. And find out if you can sue them to get your security deposit back. A security deposit isn’t a license to just take money from people when they move out. There are generally very specific things that it can be used for, and the landlord has to document exactly what it’s being used for in a specific way or you get it back (and then some, usually). Contact a local renters’ rights organization to figure out where to go from here. ---
**Author:** ![leahcim](https://avatars.discourse-cdn.com/v4/letter/l/b4bc9f/32.png) [@leahcim](https://boards.straightdope.com/u/leahcim)\ **Post date:** [August 31, 2012, 6:48pm UTC](https://boards.straightdope.com/t/landlord-taking-more-than-security-deposit/633090/14 "2012-08-31T18:48:05Z")
> [@fluiddruid](#): > > I’ve definitely had sketchy landlords outright lie, and when I told them I knew they were lying and I had pictures, they dropped all the issues outright without dispute. This was my girlfriend’s experience at her old place. They refused to give back her deposit and actually sent her a bill for a couple of hundred extra. She gave them the slightest bit of push-back (like, “lets meet and discuss this”) and they waived nearly everything. It seems like it’s just a “grab easy money” move for them, and any type of confrontation moves it out of the “easy money” category. There’s probably not enough cash at stake for a drawn-out argument to be worth it for them and they’re hoping the same thing is true of you. ---
**Author:** ![Kaio](https://avatars.discourse-cdn.com/v4/letter/k/c68b51/32.png) [@Kaio](https://boards.straightdope.com/u/Kaio)\ **Post date:** [August 31, 2012, 6:48pm UTC](https://boards.straightdope.com/t/landlord-taking-more-than-security-deposit/633090/15 "2012-08-31T18:48:48Z")
If they are jerks about it, they may “waive their right” to an apartment inspection (which is code for doing it while you’re not there). If they refuse to be there when you officially move out, you can do what I did and take video of how you left the apartment. I started the shot on the date/time display of my cellphone to establish when the video was taken, and then just did a single continuous shot as I walked through the apartment. If they do “waive” their right to an inspection, get it in writing, too, if you can. (I insisted on it, and in fact sent a certified letter stating that I expected them to put it in writing. They didn’t, despite promises on the phone to the contrary – every response to my letters was a phone call, surprise – so CYA.) ---
**Author:** ![Rachellelogram](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rachellelogram/32/8689_2.png) [@Rachellelogram](https://boards.straightdope.com/u/Rachellelogram)\ **Post date:** [September 1, 2012, 8:36am UTC](https://boards.straightdope.com/t/landlord-taking-more-than-security-deposit/633090/16 "2012-09-01T08:36:26Z")
Mold is not a big deal to clean up. A box of magic erasers (and possibly a can of fresh matching paint, if necessary) would be cheaper and less time-consuming than fighting over damages. Get a face mask if you’re worried about inhaling spores. Make it look as nice as you can, take pictures (or better, video) on your way out the door, and you should be fine. You probably won’t get your deposit back, but it’s not worth fighting over such a piddling amount anyway. Keeping in mind that I don’t live in Georgia and IANAL, I think they would have to take you to small claims court to get damages in excess of your deposit. If you clean up the place behind you and have the evidence to prove it, I can’t see them bothering to go to all that trouble. ---
**Author:** ![Gestalt](https://avatars.discourse-cdn.com/v4/letter/g/90ced4/32.png) [@Gestalt](https://boards.straightdope.com/u/Gestalt)\ **Post date:** [September 1, 2012, 11:06am UTC](https://boards.straightdope.com/t/landlord-taking-more-than-security-deposit/633090/17 "2012-09-01T11:06:40Z")
Thanks for all the help and cleaning advice guys! I will definitely clean, although I have had limited success with things like mildew in the past (never tried tilex though). I am definitely more reassured now.