security deposit used for ?

What is the name of your state? Hawaii.
.(previous posting 6/28/06) We received a letter from the LL (dated April 28,2006) stating they needed to move back in due to health issues as well as a stable environment for their 1 year old child. and that the house needed to be vacated nlt June 18, 2006. We honored their request immediately and were cleaned and out by May 20,2006. Painting of 2 bedrooms and 1 bath were agreed upon when the lease was signed and later when asked if they wanted to have said rooms repainted the answer was No. We agreed to leave 6 ceiling fans and 4 A/C units that we bought and installed. The lease does not state that we need to hire professioal cleaners or carpetcleaning..Three days after we vacated the property the house was put up for sale. Why we have been charged(708.50) for professional carpet cleaning and general cleaning to prepare them for the sale of the house. Also the security was not returned within the 14 day requirement,as it was to have been nlt June3,2006, and was in fact received June 28,2006. Please Advise. Thank you in advanceWhat is the name of your state?What is the name of your state?

texan117 said:

Also the security was not returned within the 14 day requirement,as it was to have been nlt June3,2006, and was in fact received June 28,2006.

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You can certainly file a lawsuit to try to recover any improper deductions; however, the court will likely not bother wtih the late return since it was actually returned. They usually get involved if the landlord fails to account or return anything.

In Hawaii you must file in small claims court. After hearing testimony the judge will have three choices of which to choose from.

1.The landlord Wrongfully and willfully retained all or part of the security deposit, it may award the tenant damages equal to three times the security deposit plus the cost of the suit.

2. The landlord Wrongfully retained all or part of the security deposit, it shall award the tenant damages equal to the portion of the security deposit wrongfully retained plus the cost of the suit.

3. The landlord Retained the security deposit lawfully, it shall award the landlord damages equal to the portion of the security deposit in dispute plus the cost of the suit.

If it is found that the landlord did not follow the law when it comes to getting your deposit back to you and you can prove he did not follow the law then you are entitled to at least the full amount of your deposit back.

So go spend the small amount of money and take him to small claims.

acmb05 said:

In Hawaii you must file in small claims court. After hearing testimony the judge will have three choices of which to choose from.

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And of course, the FORGOTTEN option 4 (which is the more common).

4) The court hears presentation by both sides and agrees that the landlord was in TECHNICAL violation of the time to account/return, but says 'no real harm' since the deposit was in fact returned and dismisses the matter without ANY compensation at all to either party (except maybe he awards court costs to plaintiff).

JETX said:

And of course, the FORGOTTEN option 4 (which is the more common).

4) The court hears presentation by both sides and agrees that the landlord was in TECHNICAL violation of the time to account/return, but says 'no real harm' since the deposit was in fact returned and dismisses the matter without ANY compensation at all to either party (except maybe he awards court costs to plaintiff).

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Except for the $700 dollars for cleaning.
The landlord violated the law as far as returning the deposit, therefore the tenant is entitled to ALL of his deposit back. So there is monetary damages in the amount of $700 dollars.

They may or may not win but for possibly getting the $700 back it is worth the small filing fee to go to small claims.