RPA Tenant Rights Blog » Landlord Problems » My landlord is trying to charge us more then or deposit

My landlord is trying to charge us more then or deposit

By Debra

My family and i have been living in an apartment for two years prior to moving out. when we found another place we called and asked if we could cancle the lease eairly(only one month) and they said no so we stuck out the remaining lease, paying two rents utilities ect. we paid the last months rent and then asked them if we wanted to leave a little early would it be okay and they told yes that the only thing would need to do is keep the power on until the inspection was complete. we clean everything but the carpet and painting. We did not cause any damage to the place. the only thing that was wrong was normal dirt to carpet and maybe some spots were kids hands slide down as going down the steps. normal everyday things for a family and base coat paint. Through the entire period that we were staying there everytime it rain hard, water would come in large amounts into the home. the landlord swear it was our fault because an empty cooler was sitting on the outside sitting area. we moved the cooler and she swore we were lieing until christmas when the water came in and almost ruin all of my kids christmas presents. she finally came in and fixed the outside area but only had the people dry the carpets with fans. in the remainer of the time living there my kids would stay sick. also in the upstairs bathroom the floor was unsteady, the tub had rusted. we finally got to move and now she is trying to say we caused a lot of damage. also that the apartment was already painted when we moved in. in which, we know is not true because there was still posters and tape on the walls as well as marking that we mentend in the move in inspection, there were also beer bottles left in the apartment. we fixed several things in this apartment when we moved in and have never had any landlords complain before and always got most of our deposit back. yet as i was saying she is taking our deposit and trying to charge us 500 additional dollars. what can we do?

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Edited on: Saturday, January 8th, 2011 5:01 am
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2 Responses to “My landlord is trying to charge us more then or deposit”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

anonymous

May 13th, 2010 4:20 pm

Can you get charged more than your security deposit?
Yes, you can be charged above your security deposit.  The major apartment communities are infamous for charging more than the original deposit.
What can be charged to your security deposit?
The general rule is that you can only be charged for damage or things beyond normal wear and tear.

Rebecca

September 13th, 2010 1:02 pm

True, you can only be charged for “Damage” and not normal wear and tear. Here are some things that are considered, Damage and NOT normal wear and tear:

1) Stains on carpet
2) Holes in walls
3) Scratches on appliances, floors, etc
4) Dirty or unclean appliances, floors, walls, carpets, etc
5) Burned out light bulbs (if it was working when you first rented it, it can be your responsibility… most landlords will charge $4 to $8 per light bulb, OUCH!!)
6) Furniture left behind
7) Broken Doors, windows, tiles, fixtures, faucets, appliances, etc.
8) Strong odors: Pet, smoke, food, BO, etc)

NORMAL WEAR AND TEAR: Below is a list of normal wear and tear. (These items you shouldn’t be charged for)
1) Wear patterns in carpet. (landlords are always trying to get tenants to pay for carpet– this is considered normal wear and tear)
2) Aged appliances (if an appliance is old or has issues do to normal conditions, it is considered normal wear)
3) Damage from something out of your control. (if the property was damaged due to storm, flood, fire etc and wasn’t your fault it is considered normal wear)
4) Peeling Paint
5) Some nail holes. (a few nail holes hear and there are okay)
6) Faulty wiring
7) Plumbing issues (unless caused by you)

Now this isn’t a complete list, but it should give you a better idea. Bottom line, if you feel a deposit charge isn’t fair; you’re probably right. To dispute a deposit charge you can file a complaint here: http://www.rentalprotectionagency.com/complaint_center.php

Peace,

Rebecca

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