What do I do if I feel my security deposit was kept unjustly?

Question

My husband and I recently moved out of our apartment we had for a year. We paid $560 for a security deposit ($200 of which was a pet deposit). When we moved in, I took a lot of time to fill out the move-in inspection sheet of everything that was wrong with the place, ranging from broken screens in the windows to chunks missing from the doors. Upon moving out, We extensively cleaned for a weekend to make the apartment look as it did before we moved in. Neither my husband nor I were able to be present for the moving out walk-through because we both work full-time and the office is only open during the hours we work. Looking back, I realize it was a mistake to miss this meeting. Our lease ended June 30th and were told we would hear about our security deposit within 30 days. We never heard anything so I decided to give them a call the other day (August 14th) and was informed that they have no record of us paying the security deposit and we will be billed $1,000 worth of damages. I have it written down in my checkbook that I withdrew money from our bank account to pay for the deposit because they wanted money orders but I don't have a legitimate receipt. Looking back, I can't imagine having damages worth that much since all the damages the place had were already noted when we moved in. The only damage that we caused was a stain on the rug from melted butter in one room. When I asked the landlord about these charges, she said we couldn't refute it because we were not present for the moving out walk-through and she also told us she wasn't sure why we were being charged that amount, just that we were. Is there anything that I can do to fix this? And also, we are looking to move into a much nicer place, still an apartment, but I am wondering if this instance will make us look bad and cause us to not be able to get the new apartment since they do reference checks and this was the only other place we have lived in other than our parents' homes. Thanks!

Answer 1

Your question is reproduced below to preserve the original fact pattern to which this answer applies:

"What do I do if I feel my security deposit was kept unjustly?

My husband and I recently moved out of our apartment we had for a year. We paid $560 for a security deposit ($200 of which was a pet deposit). When we moved in, I took a lot of time to fill out the move-in inspection sheet of everything that was wrong with the place, ranging from broken screens in the windows to chunks missing from the doors. Upon moving out, We extensively cleaned for a weekend to make the apartment look as it did before we moved in. Neither my husband nor I were able to be present for the moving out walk-through because we both work full-time and the office is only open during the hours we work. Looking back, I realize it was a mistake to miss this meeting. Our lease ended June 30th and were told we would hear about our security deposit within 30 days. We never heard anything so I decided to give them a call the other day (August 14th) and was informed that they have no record of us paying the security deposit and we will be billed $1,000 worth of damages. I have it written down in my checkbook that I withdrew money from our bank account to pay for the deposit because they wanted money orders but I don't have a legitimate receipt. Looking back, I can't imagine having damages worth that much since all the damages the place had were already noted when we moved in. The only damage that we caused was a stain on the rug from melted butter in one room. When I asked the landlord about these charges, she said we couldn't refute it because we were not present for the moving out walk-through and she also told us she wasn't sure why we were being charged that amount, just that we were. Is there anything that I can do to fix this? And also, we are looking to move into a much nicer place, still an apartment, but I am wondering if this instance will make us look bad and cause us to not be able to get the new apartment since they do reference checks and this was the only other place we have lived in other than our parents' homes. Thanks!

There is no quick answer to your question.

New York statutes on security deposits vary slightly for landlords of dwellings with less than six(?) units and those with more.  If you lived in a small apartment building-- fewer than six(?) units-- then the landlord is only required to handle your security deposit separate from his own funds and needn't pay you interest on the deposit.  If you lived in a larger apartment building, then the landlord was required to place your security deposit in a separate account specifically for that purpose and you are generally entitled to have the interest collected thereon.

You need to send a letter of demand for your security deposit.  And keep all your contact with the landlord or the landlord's representatives in writing to preserve a record of the communication.  If you must make phone calls, then keep a log and notes about what was said.

If the landlord ignores your letter of demand and you receive nothing else from them (including the bill for $1000), you'll want to consider filing a complaint with the Office of the Attorney General.  Generally, though, you should have attempted to resolve the dispute with the landlord prior to filing the complaint.

If there is a dispute over the damages (you actually get a bill for $1000), then you'll have to go to court to resolve the matter.  Since the amount is so small, you can utilize the small claims system.  You can also attempt to refute any assessment of damages even if you weren't there during the exit inspection.  But you'll need to have the paperwork you filled out when you moved in.  It will be up to the landlord to show the new damages in order to prevail in court.

If the landlord shows proof but you have no proof to back up your version of events, then you will probably lose.

You are also entitled to an itemized list showing the damages they claim and the amounts they paid to have the damages fixed.  Your security deposit should have been deducted from that amount.  That you have no specific receipt for the security deposit doesn't mean you didn't pay it.  Bring the cancelled check that you used to buy the money order if you don't have the stub from the money order.  Few judges would believe that someone rented an apartment in New York without asking for a security deposit....

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]

Answer 2

Since you do not say what state you live in it is hard to answer, I will however let you know how it works in California, where I am at.

After you move out the landlord has 21 days to provide you with a written list showing exactly what is being deducted from your security deposit.  They also have to provide you the balance of your security deposit at that time.  Failure to do so requires them to refund the whole deposit.

Do you not have a copy of the lease that should show your deposit on it.

I would not pay them anything until they provide you an accounting of the damages.  Check with your local officials to find out what the law is in you area.

Good luck.