Security Deposit

[Smetheleah]

Hello,

I just moved out of my apartment, and as my landlord requested, I cleaned up the house(after emptying it) and there was absolutely no physical damage to anything. I also put a primer on the walls(like the landlord requested) and this resulted in paint residuals that I couldn't remove(on wooden floor). I  just got an email today from my landlord stating that the cleaning fee was more than the deposit itself and it was $800. Can they charge a high cleaning fee like that?

ANSWER: Georges,

There is a manual provided by the state of Mass that explains the Landlord - Tenant laws for your state: http://www.mass.gov/Cago/docs/Consumer/LandlordTenant073007.pdf

I've taken the liberty of cutting some highlights but I recommend you read the actual law here: http://www.malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section15

It's a lot of information, but being informed will give you a leg up on the Landlord and protect you in the future.

The bottom line is that the Landlord is required by law to provide you with a "statement of condition” within 10 days of receipt of the security deposit, which describes the condition of the apartment and any damage that exists at that time. You then have 15 days to add to the “statement of condition” or make changes to it. Both parties should keep copies of the final “statement of condition.”

When you moved out, the Landlord had 30 days to provide you with an itemized list of deductions.  If he failed to do that and just simply kept your deposit, you need to press him to return it immediately.

My recommendation is that you print out the second link above with the actual law detailing Landlord responsibilities for security deposits.  Attach a letter explaining that you cleaned the unit to his specifications and it was in "as good, or better" condition than when you moved in.  Demand the entire deposit be returned or you'll take him to court.

Many Landlords will try to play on a tenant's naivety and take more than they should.  They assume you don't know the law and won't bother taking them to court.  Stand up to them, and they'll typically return the deposit or at least a good portion of it.  If they don't do the right thing, take them to small claims court.  It costs very little(usually $25), you don't need an attorney, and most Landlords would rather return the deposit than face a judge and have to prove their case. Thanks for the question!

Nathan

---------- FOLLOW-UP ----------

I am sorry for the confusion but the issue is in VA and not MASS, I thought I put this as my zip code.

The apartment is located in Virginia.

ANSWER: Here's the Virginia Landlord - Tenant Handbook: http://www.dhcd.virginia.gov/HomelessnesstoHomeownership/PDFs/Landlord_Tenant_Ha

Security deposits are discussed on page 20-22 and is immediately followed by the Tenant responsibilities.  Read through that and see if you have any questions for me.

Nathan

---------- FOLLOW-UP ----------

Thank you so much Nathan, I got just one more question regarding this issue.

I just moved out of the apartment and cleaned it and it was a last minute thing so I didn't have time to take pictures nor be with my landlord during the inspection, i'm currently in MA so no proof.

The thing is that I don't see how they could charge me such a large amount for a cleaning fee since I returned the apartment to them in the same condition I received it except:

- I colored the walls and they knew about it, and I used a primer(as suggested by them - no paint) to recolor them back to white.

- While painting since we were late we left some paint residuals on the wooden floor(not major) but I'm sure they got me for that. But could it be $800?(I will wait for the itemized deductions)

I know that I can take them to a small court and try to put some pressure, but the thing is:

1- I live in MA would I have to go to VA for that? Travel cost, time, etc

2- My brother lived in that apt before me and therefore the lease is under his name. Of course, they know that I was living there but I am not officially on the records. Can I take them to court myself(my brother resides outside the US now but I do have POA).

Also is it worth it($800)? and what are my chances?

Thanks!

[Makkapitew]

Georges,

First, we don't know what he's charging you for so I can't say whether the charges are reasonable or not.  By way of example, I regularly have tenants tell me they've cleaned their unit top to bottom, only to find out they forgot the stove, the bathtub, the fridge, the cabinets, the windows, etc.  Everyone has a different standard.

Second, going to court would require you to return and file within the local court.

Third, you have to prove your case.  Typically, the burden of proof is on the owner since he is the one charging you for cleaning/repairs.  He'll have to prove that the condition when you moved in and the condition when you moved out to show the extent of repairs/cleaning required and that he can justify the charges.  When you receive the itemized list of deductions, you'll have to think about whether it's worth your time and effort to return and fight or whether you should let it go.

Many Landlords take advantage of tenants by charging them extra, knowing it would be too difficult for the tenant to return and fight.  I hope that's not what's happening to you.

Thanks for the question!

Nathan