Tenant's Security Deposit

[KimChris]

What is the name of your state?What is the name of your state? NC

Our landlord did a walk through on a house we rented and she sent us a list of repairs and the remaining balance of our security deposit. At the time of our lease agreement we had given her a security deposit and a nonrefundable pet deposit.

The list of repairs are as follows:
Handyman services(repair hard wood floors, patch nail holes in bedrooms) $300, replace mini blinds $5, dispose of decorative planks in yard and replace grass $50, replace garage shelving unit $30.

Hard wood Floors-The repairs she is speaking of is at the front entrance of the house, a high traffic area and we also had carpeting placed there. Isn't this considered normal wear and tear?

Nail Holes-There were a total of 4 nail holes. Is this normal wear and tear?

Mini blinds-Cheap plasic blinds break from usage. Is this normal wear and tear?

Decorative Planks-Isn't this like planting a tree or a bush, where it becomes a part of the house?

Shelving Unit-This shelf was left in the garage and was rusty and collapsed. We threw it out shortly after we moved in. Are we responsible for replacing it?

After we received her letter, an agent that we know was in the house and said none of the repairs were done but the house was freshly painted. Does the landlord have to do the repairs they have stated? Can we request the invoices for the repairs she supposedly had done?

The house is on the market to be sold. We can get access to the house with a real estate agent. Is it illegal to enter the house with an agent to get pictures of the repairs not done?

Thank you for your help.

 

[JETX]

First, you should understand that there is no definite description of what constitutes NORMAL 'wear and tear', it is totally subjective. What might be normal wear and tear to one person may not be to another. That is why this is one of the most common issues of disputes in landlord-tenant relations.

With that, I offer the following:
- Hardwood floors, mini-blinds, and wall deductions are PURELY 'on review' issues. Simply, that means that no one can answer whether the claimed damages are in fact 'normal wear and tear' until they are actually SEEN by a neutral third party.... most often the court. Meaning.... no one here can answer.
- 'Decorative planks'. That is a much easier question. If they are 'decorative', they are NOT a part of the property. And even if they were, you would have had to have the owners permission to 'modify'. The owner is very likely allowed to charge you for their removal and return to original condition.
- 'Shelving unit'. Same as the planks. The shelves were in the property on your taking possession. As such, your removal and disposal should have had the owners permission. Valid charge in my opinion.

With that... now the REALITY of this issue!!
The only way that you could possibly get the funds you feel were improperly deducted is to file a lawsuit against the owner. I doubt you would prevail on the miniblinds ($5), the planking/grass ($50) and the shelves ($30). Depending on the evidence you might present on the hardwood floors, you might recover SOME (if any) of that deduction. The question then becomes are you really going to take the time and energy to possibly recover a few hundred (at best)?? If so, go file your lawsuit.