Can my landlord keep most of my deposit for a dirty oven and pet hair on the carpet?

by **ammi** » Wed Aug 01, 2012 2:03 pm

First off, I live in NC..not sure if that matters or not.

I just moved out of my apartment and my landlord is trying to keep most of the security deposit (625) because she said the oven was dirty, there was pet hair on the carpet (we paid a pet deposit of 150), and the window sills were dirty. I steam cleaned and vacuumed the carpets myself, though I did forget about the oven and the window sills. She's telling me her husband has been there for 14 hours cleaning and I can't expect much of my deposit back...this cannot be right. Can she do this? There was *maybe* 30 minutes worth of cleaning that should have been done for that place. She said she would send me an itemized list of what she was deducting, but if it's an unreasonable amount, can I do anything about it?

I also had a lot of my own property ruined by the mold in the apartment and some pipes that they broke and took forever to fix (like 24 hrs, but until then, the bedroom was soaked with water). Can I do anything about this? There was mold on furniture, shoes, guitars, clothes, and pillows. So much so that a lot of the stuff is damaged and I had to throw some of it away. It's pretty much everywhere in the apartment. We ran the dehumidifier 24/7, ran fans and opened windows in an effort to subdue the mold, to no avail. I was thinking about calling the health department and getting a consult with a lawyer. What should I do?

She also didn't do a walkthrough when we moved in or when we moved out, and there was no checksheet.

by **valentino** » Wed Aug 01, 2012 2:05 pm

If you feel that the charges she deducted were excessive, you can dispute it in court. A judge will make that decision.

As for your possessions beig destroyed by mildew, that's what renter's insurance is for. Your LL is not responsible for replacing your things.

by **barnett** » Wed Aug 01, 2012 2:14 pm

Cleaning is of course chargeable. The question is the amount. You'll have to wait for the statement back from them to see if it's reasonable or not. If you don't believe it is reasonable then you'll need to send a certified letter contesting it. If they refuse to give you anything else back you'll need to take them to small claims court and see what a judge says.

Any damages you suffered from the broken pipe should be paid by your renters insurance. If you didn't have any then you're out of luck. Look into it going forward. It is cheap.

--edit--

Walk throughs are not required by law in NC. It is smart for both parties, but there is no law.

by **pascoe69** » Wed Aug 01, 2012 2:26 pm

Landlords are meant to have 'landlord insurance'. Thats what its called in the UK. I have neeeeeveeeer seen a landlord that has it though and the attitude is if stuff gets ruined its tough poo....
Im sure there is an American version of Landlord insurance but you might be too late to apply and what evidence have you got at this stage? If you had called the health department you might have had evidence.

The others mention tennant insurance. Maby it's something you were meant to get. As if the rent isnt enough.

by **avikar76** » Wed Aug 01, 2012 2:28 pm

that statement about the walk-through is what I was looking/reading for. She
violated state law.

sue her immediatley in small claims court

keep me attuned as to what occurs.
[if she sends you any $, do not cash it till the court hearing is over]

by **egan** » Wed Aug 01, 2012 2:31 pm

Without the walk through you are at her mercy. Never move in without one. You will have to wait and see what the charges are.

by **adusa37** » Wed Aug 01, 2012 2:35 pm

Contrary to what kemperk has posted, North Carolina statutes do NOT require a 'check in walk through'. There is no violation of state law there. Your issues with mold and damage have nothing to do with your security deposit. As others have stated, you should have procured renter's insurance to cover loss of your possessions. The landlord is not responsible for those losses.

As for the cleaning charges, if there was only thirty minutes of work, why didn't you do it yourself ? And then try to tell me that it only takes thirty minutes to clean a dirty oven. If you didn't clean the carpets to their standards, you still get to pay. Pet hair is not easily removed either.

If you want to dispute the charges, you will need to take the landlord to small claims court. A judge will decide who is correct.

by **oakley** » Wed Aug 01, 2012 2:52 pm

there is no need for a landlord to do a walk through when you move in or out or provide a "checksheet".
- when you move in = you take pictures (or video) and notify the landlord of any existing damage. You don't need a walk through to do this.
- when you move out = you take pictures (or video)

If you think the charges are inflated, you can sue in small claims court. You would use your pictures as proof.

For future knowledge, you can get a mold kit at a big box hardward store for $10. Depending on the results, you would notify your landlord that you need a professional inspection in 5 business days.

Anything that was ruined as a result of the rental would be claimed through your rental insurance.

by **aswynn81** » Wed Aug 01, 2012 2:54 pm

It is not possible to clean a house, floor and oven in 30 minutes. You must be Wonder Woman.

You will have to pay for whatever they needed to clean to make it move in ready.

As far as your mold goes you need to talk to your insurance company. There isn't anyone else to talk to.

Since you do not live there the health department will not get involved.

Advertisments:

Useful Links: