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Security Deposit Return

Posted on 9/14/10 at 11:26 am
Posted by lafayetteahole
Lafayette, LA
Member since Sep 2007
100 posts
Posted on 9/14/10 at 11:26 am
I hope this is the correct place to post this. I am looking for some advice.

We recently moved out of a rent house where we had paid a $700 deposit. The only thing wrong was a small patch of carpet, maybe 12" x 12" that has a stain where my daughter left a permanent marker opened. The room is approximately 10' x 10'. This patch of carpet could be repaired, but even replacement of the entire room would cost no more than $200 or so, I would assume.

Also, we were told to leave the keys at the house when we were done. We left the keys on the counter and locked the door behind us. Now the landlord is saying they did not have another key, so had to have the locks broken and replaced and are saying that is also our responsibility.

When we moved in, we signed a 6 month lease, renewable to 18 months with first option to purchase afterwards. They decided they were going to sell after 6 months, and we were not in a position to buy at this time. They are saying they gave us the ONLY key since we were buying the house.

My opinion is that we were renting with the OPTION to buy. They were still responsible for the house, so why wouldn't they have a key. Seems to me that is their mistake.

How should I go about handling this. This lady is a total psycho. We were told a lot about her ways AFTER we moved in, but had no reason to believe it until the end of our time there. She is being totally unreasonable.

Please help! Thanks!
Posted by LSURussian
Member since Feb 2005
126962 posts
Posted on 9/14/10 at 11:42 am to
Take her to small claims court. It'll cost you less than $100 to file (much less in some jurisdictions). If she's a psycho and you say, let the judge see it first hand and you'll get most of your deposit back. Probably not all because of the carpet damage, but most.
Posted by DieSmilen
My Rubbermaid Desk
Member since Dec 2007
1734 posts
Posted on 9/14/10 at 11:46 am to
LINK



right hand side half way down is a guide to landlord and tenant rights. Might want to give Consumer Protection a call.

The Lessee’s Deposit Act requires the landlord to return deposits within one month after the end of the lease, provided the tenant fulfilled the lease obligations and left a forwarding address.
If any part of the deposit is retained, the landlord must send the tenant an itemized list of deductions and any remaining balance within one month. If the landlord fails to return the deposit or to send the itemized list within one
month, the tenant may sue in Small Claims Court to recover the deposit.
If the landlord fails to account for the deposit within thirty (30) days of a tenant’s written request for a refund, then the law allows the tenant to recover actual damages (amount of damages made) or $200.00—whichever is greater. The judge may also award court costs and attorney fees to the person who wins the suit. The law does not permit the tenant to give up, or waive, this right in a lease.
Posted by lafayetteahole
Lafayette, LA
Member since Sep 2007
100 posts
Posted on 9/14/10 at 12:03 pm to
Great information Thanks a lot! Do you think I should be responsible for them having to change the locks?
Posted by lafayetteahole
Lafayette, LA
Member since Sep 2007
100 posts
Posted on 9/14/10 at 3:16 pm to
Apparently, by law, a landlord has 30 days to return your deposit, or give you a statement with itemized cost of what your deposit was used for. If they fail to do so within 30 days, you are entitled to a refund of your full deposit. So I think I am going to let sleeping dogs lie for the next 16 days and see if she tries to send anything.
Posted by Alabama Slim
2009,2011 BCS National Champions
Member since Jul 2007
9948 posts
Posted on 9/14/10 at 3:27 pm to
you will be responsible for the carpet in the entire room. However, the keys are complete bullshite. No landlord lets their tenants have the only copy of keys to a house. Guarantee she has a master key that fits the house. I would threaten to get an attorney involved over that one and see if she drops it without a fight.
Posted by lafayetteahole
Lafayette, LA
Member since Sep 2007
100 posts
Posted on 9/14/10 at 3:30 pm to
Well, I have spoken to our in house attorney here and he advised me to wait a couple of weeks and see if they respond with either the deposit or an itemized statement on what the deposit is being used for. If they do not issue one or the other or a combination thereof within 30 days of us vacating, they have then failed to comply with La Law and will have to fork over the entire deposit.
Posted by lafayetteahole
Lafayette, LA
Member since Sep 2007
100 posts
Posted on 9/14/10 at 3:32 pm to
quote:

I would threaten to get an attorney involved over that one and see if she drops it without a fight.


He suggested if she does try to itemize the locks, that I require her to produce a receipt, which she probably will not be able to do, and even if she does have one he does not believe that I should be responsible for it.
Posted by lotiger
Baton Rouge
Member since Nov 2006
387 posts
Posted on 9/14/10 at 9:08 pm to
Another good question is did you pay your bill on time every month. Did you leave the house as clean as you received it.
Posted by BrandNew
Member since Aug 2010
330 posts
Posted on 9/16/10 at 9:22 pm to
(no message)
This post was edited on 1/29/11 at 12:32 pm
Posted by JasonL79
Member since Jan 2010
6397 posts
Posted on 9/17/10 at 12:59 am to
Landlords always try to get out of paying the deposit. I had a $1,400 deposit in one place I was living and the landlord told me when I was moving out that "once I set foot in the house with my dog he did not have to legally give me my money back." This was after he saw my dog and allowed me verbally to let my dog stay. He ended up giving me $500 back of my deposit.

A similar thing happened to my parents. Most people I know don't get their deposit back.
Posted by lsubandmom
Houston/Lafayette
Member since Oct 2007
902 posts
Posted on 9/17/10 at 7:29 am to
I had a couple of rental houses for nearly 15 years and have only kept a portion of a deposit twice. Both times, I only kept what was necessary for the repair.
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