Landlord returned my deposit in full, and now wants a check for cleaning/damages. Is this legal?

Question

We live in Salt Lake City, Utah. Basically we left the place clean and in beautiful shape (with lots of video/pictures to prove it) but our former landlord is trying to nickel and dime us. She returned our $900 deposit in full (wrote a check for the entire amount) and in the same envelope included several pages of crazy charges for bogus repairs and cleaning. She is requesting check back from us immediately for $524. I can't understand why she didn't deduct it from our deposit. Isn't that the whole point of a security deposit? As soon as I got the check, I took it to the bank and deposited it.

Question is, If she took us to court, does she have any legal footing to ask for money back from us for damages and cleaning? She had her opportunity to take the money, but for some reason did not.

Thanks for your expertise!

Answer 1

let her take u to court.u have pics to prove that u left it clean..she has no right to make adjustments to security deposits without first doing a walk through of the vacated premises with the former tenants.if the landlord finds damages during that walk,then the landlord and tenant comes to an agreement as to how much damage and they deduct that amount from the security deposit.

Answer 2

That is indeed the purpose of the security deposit.  She doesn't seem to have a leg to stand on.

Answer 3

LOL durrrrrrrrrrr, if she wanted the money for damages she should have deducted it from your deposit and mailed you a list of the items she was back charging you for, I wouldn't pay her and if she takes you to court just dispute the items on her little list.  Landlords now try to steal the security deposit and take money from their tenants it is the same thing as stealing.

Answer 4

I don't know Utah law, but it sounds like she is S**t out of luck.

She should have deducted the expenses from the deposit and returned the rest to you.

I would request proof of damages, repairs, and cleaning before I sent her a dime.

Answer 5

"Lee P" makes good sense. Re-read your contract carefully. Then hire an attorney to give you their opinion - a consultation shouldn't cost all that much and then you will know EXACTLY how to proceed. Why would you ask random strangers on the internet for legal advice?    

Answer 6

This landlord doesn't make a l**k of sense,If she refunded the 900.00 and wanted that much back, she should have deducted the amount of damages, that she alleges . It sounds like you were good tenants  and they probably didn't want to loose you, sour grapes on their behalf. Damages , they would have to prove there was damages to begin with for that matter. Was there some kind of cleaning deposit? Changes the landlord objected to for that matter, I always ask my landlords before I do anything so I clear it with them, so at least I am on the up and up, always good to be on good terms with the landlord as I am sure you probably were. But there again, sounds liketheymissyou all as tenants .      

Answer 7

The landlord has a claim against a tenant for damages to the property regardless of whether they have given back the security deposit. If you damaged it, you owe for that.

However, since you left the place in good condition, and you have documentation of that, then I wouldn't worry. She would have to prove you damaged the apartment to collect damages, and she won't be able to do that, will she?

Good luck.

Answer 8

A few questions first. Do you have video or photographic evidence of how the place looked when you moved in? And when you moved out (I am assuming you kept these since you stated you had them in your question.)

Did the landlord come by and clear the place with you and accept your keys?

If the land lord came by, and accepted your keys, and did not give you an opportunity to rectify these alleged issues, then you may have a case.

One of the first things I would do, is re read your lease. These fees are often cleverly put into the lease and since no one really READS the lease, they are surprised by them.

Answer 9

GO TO COURT, I'M SO SICK OF LANDLORDS RIPPING OFF TENETS.  KEEP THE MONEY !!  IF YOU HAVE PROOF, PICS AND SO FORTH THEN GO TO COURT.  I GUARANTEE SHE WILL NOT SHOW UP AND LET YOU KEEP IT.  

AND YES THAT'S WEIRD WITH MY SECURITY THEY TOOK IT RIGHT OUT OF MY DEPOSIT AND SHE CHARGED ME 400.00 FOR CLEAN UP.  I SAID WHAT THE HECK AND I CALLED HER ON IT AND I SAID WELL I'LL SEE IN COURT THEN AND I HAD HER SERVED AND SHE SENT ME A CHECK FOR THE 400.00.  

THAT'S WHAT I'M TALKING ABOUT.  BUT I HAD PROOF AS WELL AND I SENT HER THE PICTURES WHEN I SENT HER A CERTIFIED LETTER SATING I'M TAKING HER TO COURT.