Normal Wear and Tear vs. Damage / Security Deposit Returns?

Question

My daughter and her roommates vacated an appartment at the end of the month. The landlady did a final walk through inspection and provided the girls with a written statement - "Appartment has been left in excellent condition. Very clean with no damage. Full refund of $1,000.00 deposit will be mailed to tenant." They turned in their keys.

That evening the girls were present when the carpets were cleaned. The next day the landlady tells them that there were small stains on the carpet (less than the size of a nickel) in front of the bathroom and she would be deducting $250.00 from the deposit.

Obviously these stains were small enough they were not visible at the time of the landlady's walk through. Can she come back and demand payment once she has written that the full deposit would be returned? Does she have to provide justification for the amount? Would this not be considered normal wear and tear?

Answer 1

There is nothing normal about stains.

She IS providing justification.

It is really hard to see things like stains in some lighting and with furnature, etc about.   That is one reason why we have 21/30 days to return the deposit.

I personally think 250 is very high for stains though, if they are small the carpet can be dyed for 50-100.    I redye spots all of the time and never pay close to 250, even for big spots.

Answer 2

Very frustrating.  Of course, your daughter should not lose her money.  The process is just so difficult and the landlady knows that.  If you were present, you would have borrowed a video camera or taken stills.   You would win in court every time.  Malicious landlords can be charged triple damages. THe government wants people to be protected when they give deposits .... for anything.

I am a landlord and it makes me mad when the bad landlords do this.  They prey on the young and inexperienced.

Answer 3

I would have to go back and ask her if she really feels it is necessary to go to court over her mistake.  She signed the place off as in good condition and stated the full amount would be returned.  I would add that not only would you be asking for the money owed, but loss of time and other monetary damages as a result of having to go to court.  Just my personal view of what I would do.

Answer 4

I am a landlord and a property manager, she can not rescind her original note. However, she can and probably will withhold the $250 she mentioned. The girls will have to take her to small claims court with the note she wrote to get their money back. Hope it all wokrs out.