Totally Unrelated Rant

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dusty
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Totally Unrelated Rant

Post by dusty »

I got an eye opener today that shows me what the real world is becoming. It seems that fair play is a thing of the past.

One of my off spring just moved out of a rented house that she had been in for nearly 7 years. There was a $1000 security deposit at stake.

The kids could have used the $1000 to offset some of their moving expenses so we (the family) joined in to help clean the place in hopes of recovering the deposit for them. We (six of us) did a lot of work over the coarse of a week. The appliances looked like new inside and out. The floors, walls, windows, counter tops, bathrooms were spotless. The house was ready to move into. Even my wife, who is meticulous, said so.

A torn window screen, some weeds in a side yard and a dent in the garage door were the landlords reasons for not refunding the security deposit.

The shame in it all is the lesson that all of the grand kids have learned from this. I heard one say, "We should have just walked. I knew we wouldn't get the money back from that tight wad".

BTW, the house was rented two days after the keys were turned over. There is still that small dent in the garage door.
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mrhart
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Post by mrhart »

I would agree, it's a thing of the past. One of ours is in the process of cleaning, hoping to retrive thsie $2000 (split 3-ways). I hope this landlord has scrouples.
I can't believe deposits are that high. In 1982 my first deposit was $300 and we choked on that.
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Post by pennview »

I'd pursue legal action against the property owner to recover the money. It may be that there is a state or local office that can initiate action on their behalf. Or a consumer advocacy group. There also is small claims court. The person identified the reason for not refunding the security deposit -- weeds, dent and torn screen, which in no stretch of the imagination could cost $1,000 to correct. Find a lawyer. Call the local newspaper, the Better Business Bureau. I'd make the guy sorry he withheld the security deposit.
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letterk
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Post by letterk »

dusty wrote:I got an eye opener today that shows me what the real world is becoming. It seems that fair play is a thing of the past.

One of my off spring just moved out of a rented house that she had been in for nearly 7 years. There was a $1000 security deposit at stake.

The kids could have used the $1000 to offset some of their moving expenses so we (the family) joined in to help clean the place in hopes of recovering the deposit for them. We (six of us) did a lot of work over the coarse of a week. The appliances looked like new inside and out. The floors, walls, windows, counter tops, bathrooms were spotless. The house was ready to move into. Even my wife, who is meticulous, said so.

A torn window screen, some weeds in a side yard and a dent in the garage door were the landlords reasons for not refunding the security deposit.

The shame in it all is the lesson that all of the grand kids have learned from this. I heard one say, "We should have just walked. I knew we wouldn't get the money back from that tight wad".

BTW, the house was rented two days after the keys were turned over. There is still that small dent in the garage door.

Take lots of pictures before you hand over the keys. Generally rental real estate requires a license (at least here it does). File a complaint with the licensing bureau. Locally, if you get caught renting without a license you pay a $500 fine and have to pay the license fees.

If he is that cheap, chances are he isn't license either and depending where you live that can affect homesteading and real estate taxes.

Third, there is always small claims count, which usually doesn't cost that much in fees. Those things mentioned shouldn't cause him to withold that much in damage deposits.

I should add in college my advisor work for a legal aid society that often gave free counsel in these situations.
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Post by dforeman »

Holy Crap! $1000/$2000 security deposits. That is almost like a house payment. Boy, things have gotten expensive.

I got screwed once for a deposit when I was in college but it wasn't anywhere near that much.
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trainguytom
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Normal wear & tear

Post by trainguytom »

At least in Wisconsin (and probably other states) landlords are not allowed to keep damage deposits for normal wear & tear. A case could probably be made that after 7 years, all of what you say is included in that definition. If not the dent, there's still a lot of money on the table.

I would NOT roll over on this one. I wouldn't call it "just the way the world has changed".
Many communities have tenant advocate organizations to help as well. I would tell the landlord you want a detailed accounting of the damage in writing within 10 days because you intend to go to small claims court to challenge him/her on the charges. (whether you intend to doesn't matter and even if he doesn't show it, this will bother him)

Also, many states require that a landlord follow very specific procedures if they are to keep damage deposits. (usually involving written notices by specific dates) Many landlords don't, they just fly in by the seat of their pants. This will often give legal cause to get all your money back. If you can't afford or don't know an attorney, I think even a local realtor will know these requirements.

Also, "Google" damage or security deposit return requirements for your state. That may get you to good sources of info.

I'm a landlord. I do occasionally get screwed by crappy tenants, so I will keep what I realistically need to be made whole on damage over & above the normal wear & tear, but I won't keep a nickel extra for a couple of reasons. One, I was once a tenant, two, it's illegal, and three, it's just plain wrong.
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dusty
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Post by dusty »

pennview wrote:I'd pursue legal action against the property owner to recover the money. It may be that there is a state or local office that can initiate action on their behalf. Or a consumer advocacy group. There also is small claims court. The person identified the reason for not refunding the security deposit -- weeds, dent and torn screen, which in no stretch of the imagination could cost $1,000 to correct. Find a lawyer. Call the local newspaper, the Better Business Bureau. I'd make the guy sorry he withheld the security deposit.
He presented an estimate for repair of the garage door. The estimate was for the "replacement" of a panel in the door. The company's statement being that the dent could not be removed cost effectively. Replacement was the least expensive.

That single item constituted the majority of the cost.

There has been a complaint issued with the housing authority against the landlord but I seriously doubt that she will carry the issue into the courts. She runs a business of her own and her time is more valuable that the value of the deposit.
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trainguytom
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Post by trainguytom »

Depending on the size of the dent, a ding vs a dent that makes the panel or the door unusable, I might still argue that over all the time involved one ding is reasonable wear & tear & press the landlord a bit.
I gotta believe there's some renters organization in the area where you might find some support. I'd definitely want to know my rights & just how far the landlord is entitled to go under the law in a situation before I forked out any money.
My dad's 1951 10er, 2 more 10er's, same vintage, a Goldie MK5, a 510 shortie with 34inch tubes, bandsaw, jointer, jigsaw, belt sander, a ton of small SS goodies and still looking...you just can't have enough Shopsmith stuff
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Post by JPG »

trainguytom wrote:Depending on the size of the dent, a ding vs a dent that makes the panel or the door unusable, I might still argue that over all the time involved one ding is reasonable wear & tear & press the landlord a bit.
I gotta believe there's some renters organization in the area where you might find some support. I'd definitely want to know my rights & just how far the landlord is entitled to go under the law in a situation before I forked out any money.

Forking is not the issue, not receiving a refund is.;)
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Post by trainguytom »

[quote="JPG40504"]Forking is not the issue, not receiving a refund is.]
That's what I meant...forking out my damage deposit (I know, it's already forked) but not letting him keep it if it's not deserved. (otherwise, I suppose, I'd be forked)
My dad's 1951 10er, 2 more 10er's, same vintage, a Goldie MK5, a 510 shortie with 34inch tubes, bandsaw, jointer, jigsaw, belt sander, a ton of small SS goodies and still looking...you just can't have enough Shopsmith stuff
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