RPA Tenant Rights Blog » Legal Questions, Tenant Excuses » Breach of Contract

Breach of Contract

By Silver12

I recently moved out of a less than livable apartment and my landlord is now trying to keep half of my deposit for "damages" and cleaning. The apartment was filthy when I moved in from construction dust and workers. My parents and I spent two days cleaning. I own two dogs that I paid a non-refundable pet deposit for. There are also no carpets in the apartment that would require cleaning. I bleached and cleaned all the floors, floorboards, and surfaces before I vacated the apartment as well.

When I asked my landlord to meet me for a final walk-through, he refused, did the walk-through himself, and sent me a text saying he would be keeping half of my deposit. When I again told him I would like to walk-through the apartment with him to look at the damages he was proposing, he refused and became rude and hostile. I also asked him to provide me with an itemized list of the damages so that I might be afforded the opportunity to either consent or dissent to the damages. He told me he had already cut a check and had mailed it to my forwarding address.
My landlord breached the contract when he repeatedly entered and allowed workers into my apartment when I wasn’t there, even though my lease states that he must give me 24 hour notice to any such action. I also had previously written him a letter asking him to notify me of such entrances. 
Do I have legal standing to take him to court and receive a larger amount of my deposit back?
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Edited on: Friday, July 18th, 2014 12:44 pm
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