Security deposit wrongfully withheld?

[DaVinci314]

Arizona:

Just moved out of a place where I lived for about 6 years on a month to month lease. I had been asking about the return of the security deposit and finally after over two weeks the LL sends me a letter stating that he will not be returning any of it for various reasons about me being a bad tenant. The only comments about the condition of the property were that I left the window blinds and stove dirty. I was under the impression that the purpose of a SD was simply to protect the LL from damage to the property. If nothing was damaged, am I not entitled to a full return of the deposit?

His complaints about my behavior at least partially correct, but most were greatly exaggerated or simply false. Things like being noisy or using the AC too much (Utilities were included) One thing he did have a point about was that It was a non smoking agreement and a few times during extreme weather, I did smoke inside which apparently he saw. However, I quit smoking over 4 years ago, and the property has zero cigarette damage or smoke related smell. So wouldn't poor behavior be grounds for eviction or a discontinuation of the monthly lease, but not denial of security deposit return?

I have read through some of the landlord tenant act, and I can't find a clear definition of what a security deposit can be withheld for. It does seems that withholding sd for cleaning is not allowed, so the dirty blinds and stove cannot be counted against me. It also says something about that he needs to have provided me a list of things he would be deducting from my SD within 14 days. I moved out on the 31st of December; his letter is dated the 12th, but postmarked the 14th, and as his certified mail will show, not in my hands until the 17th. So wouldn't that make the whole thing null anyway? My favorite thing I saw in the act is that if my SD is wrongfully withheld, I can sue for twice the original deposit. Am I correct that my SD is being wrongfully withheld?

 

[Proserpina]

Arizona:

Just moved out of a place where I lived for about 6 years on a month to month lease. I had been asking about the return of the security deposit and finally after over two weeks the LL sends me a letter stating that he will not be returning any of it for various reasons about me being a bad tenant. The only comments about the condition of the property were that I left the window blinds and stove dirty. I was under the impression that the purpose of a SD was simply to protect the LL from damage to the property. If nothing was damaged, am I not entitled to a full return of the deposit?

His complaints about my behavior at least partially correct, but most were greatly exaggerated or simply false. Things like being noisy or using the AC too much (Utilities were included) One thing he did have a point about was that It was a non smoking agreement and a few times during extreme weather, I did smoke inside which apparently he saw. However, I quit smoking over 4 years ago, and the property has zero cigarette damage or smoke related smell. So wouldn't poor behavior be grounds for eviction or a discontinuation of the monthly lease, but not denial of security deposit return?

I have read through some of the landlord tenant act, and I can't find a clear definition of what a security deposit can be withheld for. It does seems that withholding sd for cleaning is not allowed, so the dirty blinds and stove cannot be counted against me. It also says something about that he needs to have provided me a list of things he would be deducting from my SD within 14 days. I moved out on the 31st of December; his letter is dated the 12th, but postmarked the 14th, and as his certified mail will show, not in my hands until the 17th. So wouldn't that make the whole thing null anyway? My favorite thing I saw in the act is that if my SD is wrongfully withheld, I can sue for twice the original deposit. Am I correct that my SD is being wrongfully withheld?

You didn't even bother to clean the stove?! Who DOES that? (except you)

Alright, let's start at the beginning.

Did you do a walk-through with the landlord at the end of your term?

 

[DaVinci314]

I actually did clean the stove, but apparently not well enough according to LL. I think he is upset about the silver plates below the coils that had developed a black char that my stove cleaner could not remove. The blinds I simply forgot since they were all up while I was cleaning. Otherwise the property was left clean an in the same condition as when I moved in.

We did not do a walk-through after I left. I don't think we even did one when I moved in. This was a guys guest house, it was not some apartment company or something official. Proper procedure was probably not followed for most aspects of a landlord/tenant situation.

 

[Just Blue]

I actually did clean the stove, but apparently not well enough according to LL. I think he is upset about the silver plates below the coils that had developed a black char that my stove cleaner could not remove. The blinds I simply forgot since they were all up while I was cleaning. Otherwise the property was left clean an in the same condition as when I moved in.

We did not do a walk-through after I left. I don't think we even did one when I moved in. This was a guys guest house, it was not some apartment company or something official. Proper procedure was probably not followed for most aspects of a landlord/tenant situation.

Did you take before/after pic's of the place?

How much money was the Sec Dep?

 

[Proserpina]

I actually did clean the stove, but apparently not well enough according to LL. I think he is upset about the silver plates below the coils that had developed a black char that my stove cleaner could not remove. The blinds I simply forgot since they were all up while I was cleaning. Otherwise the property was left clean an in the same condition as when I moved in.

We did not do a walk-through after I left. I don't think we even did one when I moved in. This was a guys guest house, it was not some apartment company or something official. Proper procedure was probably not followed for most aspects of a landlord/tenant situation.

Then it's going to be a crap-shoot, really.

Who's more credible?

The landlord, or the guy who smoked when he wasn't supposed to?

Don't get me wrong - I have no dog in the fight. But he just might be able to get a paint-job out of you, in addition to the cleaning bills.

 

[DaVinci314]

No pictures were taken. The only time I took pictures was when a girlfriend moved in with me half way through my stay there and I had to pay an additional pet deposit for her cat, so I took pictures of some scratched cabinets and such from a previous tenant's pet. This is actually related to a another reason he was denying by SD: He claims that I was supposed to pay a fee of $100 for having an extra guest for an extended period of time. There was never any such fee mentioned to me. He did increase my rent by $50/month during the time she lived with me, which I did pay.

I like think that I am the more credible person in the situation. The LL is an old tattooed biker looking guy that was stoned pretty much 24/7 and never had a job. I am young, well educated, the general manager of a business and drug free.

A couple quotes from the Landlord/Tenant Act:

33-1310. General definitions
14. "Security" means money or property given to
assure payment or performance under a rental
agreement. "Security" does not include a reasonable
charge for redecorating or cleaning.

33-1321. Security deposits
D. Upon termination of the tenancy, property or money
held by the landlord as prepaid rent and security may
be applied to the payment of all rent, and subject to a
landlord's duty to mitigate, all charges as specified in
the signed lease agreement, or as provided in this
chapter, including the amount of damages which the
landlord has suffered by reason of the tenant's
noncompliance with section 33-1341. Within fourteen
days, excluding Saturdays, Sundays or other legal
holidays, after termination of the tenancy and delivery
of possession and demand by the tenant the landlord
shall provide the tenant an itemized list of all
deductions together with the amount due and payable
to the tenant, if any. Unless other arrangements are
made in writing by the tenant, the landlord shall mail
the itemized list and any amount due, by first class
mail, to the tenant's last known place of residence.
E. If the landlord fails to comply with subsection D of
this section the tenant may recover the property and
money due the tenant together with damages in an
amount equal to twice the amount wrongfully withheld.

Since it is now well past the 14 days mentioned here, and he never mentioned smoke damage to the walls in his letter (which there wasn't anyway), wouldn't I be safe from being forced to pay for new paint? I may not have been the most ideal tenant, but our lease was on a month to month basis. If I was as bad as he makes me out to be, couldn't he have just not renewed the lease or evicted me after he saw me smoking? He mentions zero damage to the property, just a dirty stove and blind, which according to this act does not seem to be grounds for withholding the deposit anyway.

 

[Proserpina]

I like think that I am the more credible person in the situation. The LL is an old tattooed biker looking guy that was stoned pretty much 24/7 and never had a job. I am young, well educated, the general manager of a business and drug free.
.

Well educated enough to forget a walk through?

Huh.

 

[Gail in Georgia]

Couple of things to keep in mind...

1. Dirt is not considered "normal wear and tear". And thus, cleaning can be deducted if need be.

2. The time factor for sending security deposit information (when disputed) is based on post-marked information, not when it's actually received.

Again, how much $$ are we talking about here?

Gail

 

[FarmerJ]

You lived in the unit another 4 years after you stopped smoking SO in that 4 years did the LL repaint this unit ? If this Landlord did not re paint ( six year old paint job ???) at all during the time you lived there then its fair to argue you have used up every dime of any possible useful life in that paint job and should not be charged to repaint it since a paint job that old would have to have two very heavy coats or primer and one heavy coat just get it presentable for a new tenant so if you feel this LL is not being fair then sue him in small claims court and let him offer to the court his proof ( his copy of the notices he sent you about fees and special charges along with his postal receipts ) In court Im sure a judge would like to see them too. ( you do owe for cleaning the blinds and maybe a few bucks for drip pans & cleaning the stove)

 

[DaVinci314]

The deposit was initially $500 and later I gave an additional $100 for a pet deposit. The letter mentions nothing about the pet deposit or why it might also be denied.

I would be fine with having the blinds and stove drip pan deducted from the deposit. That does not total anywhere near $600.

I left the property at midnight after spending the entire day cleaning, so the LL was already asleep. He had asked that I just leave the keys on the counter once I was done. I did call him a few times so that we could set up a walk through and discuss the deposit, but he avoided me and I finally got a letter two weeks after I had left. The LL is difficult to get a hold of since he does not own a computer nor cell phone, and the property was novelty; It had a 15ft castle wall around the whole thing that was always locked. I could not even go ring his doorbell once the keys had been turned in.

The place was never painted during my entire stay there. The paint looked old to begin with.

 

[DaVinci314]

Well educated enough to forget a walk through?

Huh.

Why so rude? An engineering degree does not cover move out procedures. I tried to set up a walk through. He avoided me and then sent me a letter a couple weeks later.

 

[Gail in Georgia]

"The deposit was initially $500 and later I gave an additional $100 for a pet deposit."
" I would be fine with having the blinds and stove drip pan deducted from the deposit. That does not total anywhere near $600."

This is true, although it is likely the pet deposit is non-refundable. Still, blinds and a stove drips pans would not cost $500 to repair/replace.

"The place was never painted during my entire stay there. The paint looked old to begin with."

Which you chose to live with for six years since you could have easily terminated a month to month lease should the paint have mattered.

If you wish to sue over what you believe you are fairly owed from your security deposit the recommendation is to initially write what is known as a "demand" letter to the landlord, "demanding" what you believe you are fairly owed and giving him a certain amount of time (say, two weeks after he receives this) to refund this money to you. Keep a copy of the documentation for yourself.

If no response (or a response that is not to your satisfaction) the next step is to consider a lawsuit. Such lawsuits are typically handled through Small Claims court as they involve relatively small amounts of money in dispute. Filing fees tend to be reasonable for this court and you would represent yourself at the hearing. The landlord would have to prove to the court that his rationale for not returning any of your security deposit was both reasonable and accurate. It would have been beneficial if you had taken pictures of the rental unit at move out and after cleaning to show the status of the property at that time and to dispute any claims he has of damages above normal wear and tear.

Good luck...

Gail

 

[DaVinci314]

Thank you, Gail.

I have a few more questions about what can be withheld from me. I am trying to track down the agreement I signed when I moved in, but much of my new house is still in boxes...

He claims that the agreement stated that if I have a guest stay for over a month I would have to pay a $100 fee. I don't recall this, but even if it is there, I am certain that there is nothing about an increase to the rent for having an additional person living there. I paid an additional $50 a month for about a year while my girlfriend lived with me which totals much more than the $100 fee he claims I still owe. Could I argue that because of this, the $100 has already been paid?

The move in agreement also stated that I turn off the a/c when I left for work. Rather than shut it off completely, I always adjusted the temperature to something much higher or lower to save on electricity while ensuring that I do not have to return to a home that has reached a temperature extreme (Tucson reaches 115 in the summer). When leaving for more than a day, I always shut off the system. I explained that to him once and a few days later told me he would be raising my rent another $50, which I consented to. Now he is saying that my over use of the a/c is part of the reason that I am not getting my deposit back. He does not claim any dollar amount that is being withheld due to my a/c misuse. This again seems like it could be grounds for my eviction, but since nothing was damaged due to my use of the a/c, not something he can deduct from my SD. Am I correct in that?

His letter also complains that I was too noisy and I drank with my friends. Fine. There were a couple nights where I may have gotten a little loud, but in general I lived alone and enjoyed reading. If I was so noisy why wouldn't he just evict me or not renew the lease. This also does not specify a dollar amount.

Finally, he also mentions my car. Early in my time living there, I crashed my car and he gave me permission to store it on the grounds until I could afford to have it repaired. During this time, I was having financial difficulties and after a few months still could not repair it. He told me he would begin charging $50 a month to store the car, which I did not want to do, so I sold the car for scrap a short time later. Now, many years later, he says that I still owe him for the initial time the car was there. Unfortunately none of that is in writing anywhere, but this also seems like a bs deduction.

If I took him to court, would any of these be reasonable reasons for the court to deny the return of my deposit?

 

[Gail in Georgia]

"If I took him to court, would any of these be reasonable reasons to deny the return of my deposit?"

Whatever he claims are the reasons for withholding your deposit he would have to prove to the court as his justification for such.

Gail

 

[davew128]

But he just might be able to get a paint-job out of you, in addition to the cleaning bills.

After having the OP live there for SIX years? Highly unlikely as such an apartment would likely require a fresh painting ANYWAY, smoker or not.