Sophia, I had a landlady keep my deposit because of what she described as "cleaning." I sent her a letter like Vortex suggests, saying that landlords can't charge for cleaning normal wear and tear, and she responded by sending a copy of the bill from the cleaning company.
I responded with the words "small claims court; double damages." She responded with "I am STUNNED! In all my years as a landlord, NO ONE has ever threatened to sue me," blah blah blah.
I responded with "In all my years of renting, I've never had a landlord keep a security deposit. You'll be hearing from my lawyer."
As I have a friend who is an attorney, she wrote a quick letter citing Ohio law about landlords and security deposits, etc., including the small-claims court double damages part.
Landlady sent back my deposit, with a nasty letter. I believe she called me malicious, petty, and a bad tenant, and it was worth it to give me the money so that I would leave her alone.
Evil bitch. (But I got my money!)
I'm the only person on this side of the building who wasn't moved over the weekend, so my cube stands like the sole survivor of some office furniture holocaust.
That sounds so creepy! But at least you aren't surrounded by jackholes... right?
I've always used my security deposit as my last month's rent. (I know the standard boilerplate lease explicitly prohibits that, but I've only ever had one landlord I trusted not to screw me over.)
Right. The people that are usually around are loud and sometimes vexing, but not jackholes.
For the first time ever, my sec. deposit on my apartment wasn't a month's rent or more - $99 bucks. It's so nice not to be feeling like they've got you over a barrel come moving time. Not that I am, any time soon.
*eta, except in Quebec, where security deposits or first and last in advance are illegal.
Yeah, the whole security deposit thing is a nightmare. Sometimes you get it, sometimes you don't, and it's so nerve-wracking and confrontational to be all, "Um, where's my security deposit?" particularly when you have a guilty conscience like I do. Not that I've done bad things, just that I can always think of some kind of damage, even if it doesn't seem major enough to justify them keeping the deposit. Basically, I just hate the experience of living in someone else's house. There are all kinds of weird territorial issues.
And they're supposed to put it an account and give you the interest, right? Have people found that that actually happens reliably?
Oy. My sensitive e-mail went out, and the first wave of reaction has been ridden. I wish the people in charge of this relationship were in the office this week, but since they're not it's fallen out of their department and onto my lap. I hope I don't do any lasting damage.
Sophia, I hope that letter works properly.
And they're supposed to put it an account and give you the interest, right? Have people found that that actually happens reliably?
I've found the interest thing to be reliable. Once my building was sold while I was living there, and another time the building changed management companies; both times I received a small check for the interest that had accrued up to that point.
Many landlords routinely withhold all of the security deposit, as many people don't fight to get it back. So even if some tennants fight and win, the landlord still comes out ahead in the long run.
We had a dog and a cat for 2 1/2 years in our last apartment. I won't say there weren't any accidents as far as the carpet was concerned but we got our security deposit AND our $150 pet deposit back.
And they're supposed to put it an account and give you the interest, right?
My first place up here, they did that. (Last month's rent, which I paid them a year before I moved out, no interest, but the $250 security deposit earned me something like $1.33.) Since then I've paid first/last, butn ot a security deposit ever.
