Security Deposit and Oil Heat

swanbrad · #1 07-02-2007, 08:37 AM

What is the name of your state? Maine

I recently moved out of an apartment where My roommate and my self were responsible for the oil heat. When we moved in there was about a 1/2 a tank of oil which the land lord told my roommate we could have without paying for it. I checked the oil tank the week before we left and it said we had 1/4 tank left. My roommate got a call from my landlord this weekend saying that the oil tank was empty and that she was going to deduct from our security deposit the cost to refill it. I know that the oil tank was not empty because we still had hot water the last day we were at the apartment. There is nothing in the lease saying that we had to leave a certain amount of oil in the tank when we left, only that we were responsible for the oil while we lived there.

My first question is can she legally deduct the oil form our deposit? And 2. Is there a good way to approach her to get our security deposit with out actually taking any legal action?

Thanks for any advice.

Cvillecpm · #2 07-02-2007, 10:27 AM

You should have had the tank filled to one-half when you vacated (the rates are cheaper in the summer)

BL · #3 07-02-2007, 11:08 AM

Quote:

Originally Posted by swanbrad

What is the name of your state? Maine

I recently moved out of an apartment where My roommate and my self were responsible for the oil heat. When we moved in there was about a 1/2 a tank of oil which the land lord told my roommate we could have without paying for it. I checked the oil tank the week before we left and it said we had 1/4 tank left. My roommate got a call from my landlord this weekend saying that the oil tank was empty and that she was going to deduct from our security deposit the cost to refill it. I know that the oil tank was not empty because we still had hot water the last day we were at the apartment. There is nothing in the lease saying that we had to leave a certain amount of oil in the tank when we left, only that we were responsible for the oil while we lived there.

My first question is can she legally deduct the oil form our deposit? And 2. Is there a good way to approach her to get our security deposit with out actually taking any legal action?

Thanks for any advice.

Call the LL back and remind him/her that it was 1/2 empty/full when you moved in , and should only be charged 1/2 , or better yet call, then follow up with a RRR Certified letter .