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Getting security deposit back

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Demonwarb

Junior Member
What is the name of your state (only U.S. law)? Rhode Island

First, some background: I was renting an apartment, and the landlord sold the property. My security deposit was transferred to the new owners. Soon after, I lost my job and had to leave the apartment. I sent a letter to the new landlord stating my intent (after calling and speaking on the phone), and asking to be present for a walkthrough of the apartment to look for damages (of which there were none). This was my first rental, so I didn't know all the "rules" you're supposed to follow for documentation and such. I didn't keep a copy of the letter, I have no photos of the apartment.

I moved out, and subsequently lost the contact information for the new owner during the move when my phone crashed (had to do a factory reset) and the letter I received with his info went missing during the move. I did find the address I sent my rent checks to, so I sent a letter asking to be contacted. It was returned as undeliverable. I spent nearly a month trying to find a phone number, finally getting it from the lawyer who arranged the sale of the property. During this time, the owner had my phone number, but I don't recall if I gave him my new address. When I finally was able to speak on the phone to him, he told me that I owed $300 for the paint in the apartment, which was as it was when I moved in. I told him that I didn't paint, and he said his lawyer would contact me. I never heard from either again, and subsequent phone calls have not been returned. It is now 3 months after I vacated the apartment.

Now, I have been in contact with the former landlord, and he has agreed to send a notarized letter saying that the paint is "original." This is the only documentation I will have for the state of the apartment, save for the returned letter.

I am currently still unemployed, so I really could use that deposit back. I also cannot afford the $300 he claims I owe. What are my chances for winning in court? If they are low, I don't think I should bother and avoid the filing fee and possible court-mandated $300 payment.

Thanks in advance!
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Rhode Island

First, some background: I was renting an apartment, and the landlord sold the property. My security deposit was transferred to the new owners. Soon after, I lost my job and had to leave the apartment. I sent a letter to the new landlord stating my intent (after calling and speaking on the phone), and asking to be present for a walkthrough of the apartment to look for damages (of which there were none). This was my first rental, so I didn't know all the "rules" you're supposed to follow for documentation and such. I didn't keep a copy of the letter, I have no photos of the apartment.

I moved out, and subsequently lost the contact information for the new owner during the move when my phone crashed (had to do a factory reset) and the letter I received with his info went missing during the move. I did find the address I sent my rent checks to, so I sent a letter asking to be contacted. It was returned as undeliverable. I spent nearly a month trying to find a phone number, finally getting it from the lawyer who arranged the sale of the property. During this time, the owner had my phone number, but I don't recall if I gave him my new address. When I finally was able to speak on the phone to him, he told me that I owed $300 for the paint in the apartment, which was as it was when I moved in. I told him that I didn't paint, and he said his lawyer would contact me. I never heard from either again, and subsequent phone calls have not been returned. It is now 3 months after I vacated the apartment.

Now, I have been in contact with the former landlord, and he has agreed to send a notarized letter saying that the paint is "original." This is the only documentation I will have for the state of the apartment, save for the returned letter.

I am currently still unemployed, so I really could use that deposit back. I also cannot afford the $300 he claims I owe. What are my chances for winning in court? If they are low, I don't think I should bother and avoid the filing fee and possible court-mandated $300 payment.

Thanks in advance!
You're saying that the old LL said that the paint was "original". How long did you live in that apartment, and how long before you moved in was the original paint applied?

You can be held liable for any costs to restore the unit to its pre-move-in condition, and that includes painting. Some LLs only repaint when necessary, i.e., when there are significant stains or scuffs, or there was damage to the walls that required repainting after it was repaired. You might be held liable for the full repainting cost, or just the portion of that cost which you caused during the tenancy. In either situation, you would only be responsible for the DEPRECIATED cost to repaint.

Other LLs repaint each time they get a new tenant as part of their maintenance procedure to prepare the unit for the new tenant - whether it needs it or not. That means the job isn't needs based, and it's not being done in response to damage. The LL would do it regardless, which makes it maintenance and NOT damage.

It appears to me like the new LL may have a maintenance policy of repainting with each new tenant. They can't charge you for the repaint they would be doing anyway, because you didn't cause any damages requiring them to repaint. Even if they could justify charging you, you would only be held accountable for the portion of the useful life that the LL was deprived of. (The useful life for a paint job usually is 2-5 years, depending on the quality of the job and the paint. If the paint was done 2 years before you moved in, and you lived there for 2 years, then there might potentially be one more year of useful life when you moved out. If repainting was required, then you would be responsible for 1/5 of the cost they incurred to repaint. However, if the useful life had already expired before you moved out, and they needed to repaint, then you couldn't be charged a single penny to do it.)

Get the additional information from the old LL, and have that notarized as well. Have that information available before you approach the new LL on the subject. I would ALSO suggest that when you do discuss the matter further, you keep all communication IN WRITING so that there is no confusion or misinterpretation of what's being said. It also helps to have a paper trail in the event that you do end up having to go to court over this.
 

Demonwarb

Junior Member
By "original" I meant that is was there from the tenant previous to me. The old LL hadn't repainted before I moved in, and I don't know when the painting was done.
I lived there for a little less than a year, and there was no damage. In fact, I had done a few repairs to damage that the previous tenant had done (with the old LL's approval).
 

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