Landlord refusing to return our security deposits

Your landlord does have right to sue you for any damage done to the property. It sounds like you may be on the tail end of a you said they said argument. Since there is no real proof who caused the damage, unless you have a move-in statement that clearly documents that the damage was pre-existing, you might be up for a battle.

Do you have an y pictures to show that the damage was there when you moved in?

I am a landlord and I understand the frustrations many landlords go thru when it comes to security deposits. However, not all tenants and landlords are great. If you have a report that you TURNED in at the time of MOVE IN that will go a long way. Coming up with a ‘report’ after your landlord says there is damage does not prove anything. But, if there is damage to my home when a tenant moves out I don’t get to go out and get all new great stuff. I try to be as fair as possible when it comes to damage in the home, but sometimes unfortunately I have to withhold part of the deposit. If your landlord sues you, then the burden of proof is on them. If you sue for your deposit to be returned, that burden is now on you. Depending on the amount of your deposit, sometimes it is best for either party to just forgot about it, because a lawyer will cost you much more than the deposit and many times a judge will split the difference for the deposit. If you sue yourself, then it is just a headache and a lot of your own time spent. I was also a property manager for a large community. When it comes to carpet, normal wear and tear will be present. You may want to offer having a pro come in and clean the carpets when you are moving out. Unless you have completely destroyed the carpet, l don’t see how any landlord can ask for total replacement. I have seen VERY large stains left on carpet or burned countertops. In those cases that was not able to be fixed so it had to be replaced. But most carpet can be cleaned by pro’s and most landlords don’t want to replace the carpet for other renters until it is completely done. Good luck to you. Deposits unfortunately are tricky. Most tenants believe they have a ‘right’ to them, but so do a lot of landlords too. If your deposit isn’t a large amount, I would just walk away and let them keep it. If they sue you for more at that point, then they have to prove you caused additional damage.

TJ is mostly right in his opinion, The deposit is also a big problem for tenant if landlord is not issuing it at the end of contract or if tenant is suing landlord if tenant is not receiving the amount. Fair enough, i think you too need a mutual understanding and compromise on some amount which would be good for you and landlord as well. Try and get some property mediator help.