Thursday, 2 October 2014

We recently moved from one home to another using the same landlord. We paid a new deposit for the second rental. He did a walkthrough of our...

Question

We recently moved from one home to another using the same landlord. We paid a new deposit for the second rental. He did a walkthrough of our first home after I cleaned and told me it looked great and he was appreciative. When we got our security deposit back from the first home is was short $520 dollars of the $1000 we put down. He charged us for 10 gallons of paint to cover scuff marks. Our new home is 500 feet from the first home we rented and we watched the painters come and go in less then an hours time. He charged us for 3 miniblinds and two screen repairs which we agree is ok. He also charged us for lightbulbs, which we do not agree with. Our lease states, "Lessee agrees to pay security and damage deposit in the amount of $1000. Said deposit, or a portion therof, to be refunded upon vacating the premises after the original term, or any renewal of said lease, provided that there is no damage beyond ordinary wear and tear, all monies owed have been paid, all keys returned and the premises left clean and neat, inlcluding, but not limited to, stoves, ovens, refrigerators, bath areas and cabinets, with damages, cleanliness and neatness to be determined by an inspection of the presises after the lessee has removed all personal property from the premises and all other terms of the lease have been complied with. We have paid our rent on time every month. We initially signed a year lease and that was up in December, we stayed up until June 31. Giving our notice May 20th to move into another one of his properties. Do we have any legal leg to stand on and if so, what?



Answer

Based upon the facts you described, it sounds like you may have a viable claim for the return of more of your previous deposit. But, you have limited time in which to bring that, and may have difficult time proving the facts. If you have pictures showing the cleanliness you spoke of, that will help you at trial. If you took pictures of the condition when you left, that will help. You should also demand a copy of the painters' invoice or receipt.

Good luck



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