return of security deposit

[caltmb]

What is the name of your state? IDAHO
We moved out of our apartment after living there for 3 years at the beginning of June and did the "walk through" and checkout on June 15th. At that time, the landlord told us he would charge us for carpet cleaning and to repaint (!) (On a side not: Isn't painting considered normal wear and tear? We spackled, primed and painted most of the walls!)
Anyhow, he said because we were good tenants, he would make sure to return most of our $$. It's been two months and he's been absolutely impossible to reach. I've left voicemails and emails and still no response. I want to send a certified letter to him tomorrow but I want to be sure of my rights and the laws for my state. Does anyone know what the law is for returning security deposits and if I need to go to court, what is appropriate to ask for in damages?
Thanks a lot.

[treese]

Since the landlord provided no accounting or refund, I'd demand the entire security deposit back. Send a certified, return receipt requested letter as suggested below.

Dated 1993 From: [url]http://www2.state.id.us/ag/consumer/tips/LandlordTenant.pdf[/url]

SECURITY DEPOSITS
A landlord can require a tenant to deposit a sum known as a security deposit. A security deposit is for purposes other than the payment of rent. The rental agreement should specify the amount of the security deposit and what it may be used for. If the security deposit can be used for payment of rent, the rental agreement and/or the deposit receipt should clearly indicate this. The security deposit cannot be used to cover normal wear and tear. Normal wear and tear means the deterioration that occurs based upon the use for which the rental unit is intended and without negligence, carelessness, accident, misuse, or abuse of the premises or contents by the tenants, their family or their guests. A landlord who finds it necessary to use a security deposit is required to provide the tenant with
a signed statement as to expenditures required, the amount retained and the purpose for which the amount retained was used. The statement and the remainder of the security deposit, if any, or the full deposit, must be given to the tenant within twenty-one (21) days after the tenant surrenders the premises. If both the landlord and the tenant have previously agreed, this period can be extended up to thirty (30) days, but no longer.

If the landlord refuses to comply with the requirements concerning a security deposit, the tenant can require compliance. The tenant must first give the landlord notice, in writing, of the violation and demand compliance. The landlord must be allowed three (3) days to refund the deposit or provide the necessary statement. If the landlord does not comply, the tenant can then institute a formal legal proceeding to require the landlord to refund the security deposit. This lawsuit can be brought either in the district court or in small claims court. If the action is brought in small claims court, the damages sought cannot exceed $5,000. If the tenant is successful, the court may, at its discretion, award damages up to the amount of three times the security deposit.

[OHlandlord]

treese is corect. You LL didn't return the statement as required. He is in violation of the law.

But I want to address your other concern for future reference. The LL can charge you to clean the carpets in most states. If you track in dirt, you should have the carpets cleaned prior to moving out to leave the unit in the same condition as you received it. Tracking in mud or dirt can be considered carelessness, stains and spots from spills can be considered accidents. Additionally, if you did not receive permission from the LL to repaint or to do the repairs, he can charge you to correct any repairs you did incorrectly or to repaint the unit back to its original color. (Some states allow you to repair damages yourself, others do not.) Get permission in writing from the LL prior to painting or making repairs. If you do not paint without permission, he probably cannot charge you for painting after 3 yrs. unless there were excessive nail holes in the unit. Paint jobs usually only last 2-3 years in a rental. Just so you know for future reference.

In this case, since he failed to follow the law and send your itemized statement to you within the required time, do as treese says to ask for the entire amount refunded.

[caltmb]

Actually, we did clean the carpets ourselves prior to moving out and they were clean when we left, but their lease states they can deduct carpet cleaning from our deposit.
Secondly, we were allowed to paint our apt. a red in one room, yellow in another, and a light green in the bathroom. We were given a letter stating that we were allowed to paint these colors (2 yrs ago) as long as we returned it to white when leaving. We painted it white and then they told us that it wasn't the "eggshell" white that they paint the apartments, so we would be charged for the entire paint job. This seems excessive!

Thanks a lot to both of you for your replies and advice! I really appreciate it!

[OHlandlord]

If you cleaned the carpets, he can't charge you to do something that has already been done, unless the job was not done well (still showed dirt, etc.) If his letter allowing you to paint did not specify an exact shade of white to return the paint color to, I don't see how you can be charged for this. It said paint it white and you did. Send the letter to him and demand your money back.

[ecmst12]

Even if the deduction for painting would have been allowed, since he didn't give you a statement of deductions along with the rest of your money back within the time limit, you can still sue him for 3 times the full deposit, in small claims court (that is, if he does not respond to the 3 day demand as posted above).

[Alaska landlord]

Your case will depend on whether or not you have provided your LL with your current address or a location where he can send the deposit. In my case on several occasions I have had irate calls about the deposit when I have no idea where to send it.

[LindaP777]

Originally Posted by Alaska landlord

Your case will depend on whether or not you have provided your LL with your current address or a location where he can send the deposit. In my case on several occasions I have had irate calls about the deposit when I have no idea where to send it.

GOOD POINT!

[OHlandlord]

Alaska, in our state as long as we have the unopened cancelled envelope to show that we attempted to mail it to them (at their rental address) in a timely manner, we have met our responsibility under the law.

[caltmb]

Thank you all for your replies.
first of all, I know they have our correct address because it was on the original form that we both signed during checkout (we have the copy).
Secondly, I have another question or update, rather. I sent the certified letter demanding the return of our deposit. He called me the next day and "claimed" they already sent it. Since I OBVIOUSLY hadn't received it he would need to cancel the check and re-issue a new one. This was on a Friday. He said he would mail out a new one by Monday. Today's Wednesday and still no check (by the way, our new address is only about 13 miles down the road). Mail never takes more than one day. Anyhow, I called them back and again *surprise* they didn't answer the phone. I left another message demanding to know where the check was and to call me back immediately. Still no response.
What do i do now? Do I have a legal right to sue? I mean, he DID respond within the 3 day limit, BUT didn't follow through with the return like he said he was going to. What's my next step? It'll be six days tomorrow from when I talked to him and he said it was on its way.
Thank you all again.

[FarmerJ]

Go see the clerk of the court in the county the house is in and file for a small claims court hearing and make sure you ask for any penalty that your state law allows for when deposits returns/ final dispositions are not done with in the time frame allowed for in your state law.