landlord suing for damages with no effort to contact tenant

[borocat3]

What is the name of your state?
I moved out of my apartment in Nashville, TN in January 2008 as my lease was up. I left my new address on my check paying my final rent as well as forwarded all of my mail to my address with the post office. My landlord also has my phone number as this has not changed. I expected I probably would not receive my deposit back because of some damage to the carpet even though they were gutting the apartment for renovations as soon as I moved out and would be removing the carpet anyway. I received no contact from my landlord this entire time (now May 7) until I was served papers last week informing me they are suing me for $265 in damages plus attorney fees and court costs. I dispute the damages and am outraged that they made no effort to contact me all this time! What is my best defense now? Their lawyer is extremely slow in returning calls to me to even detail what specifically the damages are. Please help me as this court date is fast approaching and I cannot afford to hire a lawyer.

 

[COlandlord]

Go to court. They will have to show proof they properly mailed an accounting of your deposit and prove the charges. Their lawyer has no obligation to speak with you...you will have that opportunity at court.

 

[borocat3]

I haven't even been given a break down of the specifics of the damage charges. Do they need to give me this? Also they say part of the charge is for not turning in keys. I turned them in the drop box when I left my final rent check. I am afraid it will just be my word against theirs as I have no proof five months later. Is there a statute of limitations on how long after the fact they can come after me with no attempt to contact me?

 

[LindaP777]

I haven't even been given a break down of the specifics of the damage charges.

This will be your defense in court. Counter sue for your deposit back (some states allow up to treble damages) because you were never sent an itemized list.

 

[Alaska landlord]

This will be your defense in court. Counter sue for your deposit back (some states allow up to treble damages) because you were never sent an itemized list.

Before OP uses this as a defense he ought to determine if TN statutes require itemization of the security deposit. I tend to think that since there is no statutory deadline on the return of the SD, this requirement would probably not be required. Research is required.

 

[mwbarton]

It appears that the LL had 10 days to inspect the unit and provide a list of damages to you. Since you provided a forwarding address to the post office, then the LL has no excuse. You should be entitled to the return of your full security deposit.

66-28-301. Security deposits.

(a) All landlords of residential property requiring security deposits prior to occupancy are required to deposit all tenants' security deposits in an account used only for that purpose, in any bank or other lending institution subject to regulation by the state of Tennessee or any agency of the United States government. Prospective tenants shall be informed of the location of the separate account.

(b) Within ten (10) business days of the termination of occupancy but prior to any repairs or cleanup of the premises, the landlord shall inspect the premises and compile a comprehensive listing of any damage to the unit which is the basis for any charge against the security deposit and the estimated dollar cost of repairing such damage. The tenant shall then have the right to inspect the premises to ascertain the accuracy of such listing. The landlord and the tenant shall sign such listing, which signatures shall be conclusive evidence of the accuracy of such listing. If the tenant refuses to sign such listing, the tenant shall state specifically in writing the items on the list to which the tenant dissents, and shall sign such statement of dissent. If the tenant has moved or is otherwise inaccessible to the landlord, the landlord shall mail a copy of the listing of damages and estimated cost of repairs to the tenant at the tenant's last known mailing address.

(c) No landlord shall be entitled to retain any portion of a security deposit if the security deposit was not deposited in a separate account as required by subsection (a) and if the final damage listing required by subsection (b) is not provided.

(d) A tenant who disputes the accuracy of the final damage listing given pursuant to subsection (b) may bring an action in a circuit or general sessions court of competent jurisdiction of this state. The tenant's claim shall be limited to those items from which the tenant specifically dissented in accordance with the listing or specifically dissented in accordance with subsection (b); otherwise the tenant shall not be entitled to recover any damages under this section.

(e) Should a tenant vacate the premises with unpaid rent or other amounts due and owing the landlord may remove the deposit from the account and apply the monies to the unpaid debt.

(f) In the event the tenant leaves not owing rent and having any refund due, the landlord shall send notification to the last known or reasonable determinable address, of the amount of any refund due the tenant. In the event the landlord shall not have received a response from the tenant within sixty (60) days from the sending of such notification, the landlord may remove the deposit from the account and retain it free from any claim of the tenant or any person claiming in the tenant's behalf.

(g) This section does not preclude the landlord or tenant from recovering other damages to which such landlord or tenant may be entitled under this chapter.

 

[COlandlord]

mwbarton: can you let us know where you got your information? By my research, his state has no statutory requirement on the return of the security deposit.

 

[mwbarton]

mwbarton: can you let us know where you got your information? By my research, his state has no statutory requirement on the return of the security deposit.

I quoted an annotated version, however you can also see it by going to the Tennesse.gov site and following the directions here: http://www.tennessee.gov/consumer/lawInstr.html#tennesseelandlordtenantact

It leads you to Michie's Legal Resources and tells you how to navigate through it to find the Landlord Tenant Act.

Edit: There is no time requirement for the refund of the security deposit. There is a time requirement for the inspection and subsequent itemized notification of damages. If the inspection and attempt to notify the tenant of damages did not occur within 10 days of vacating, then the LL is not entitled to retain the security deposit.