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Landlord is making up reasons to keep part of deposit

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bromicjac

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

My landlord, who is out of state, and has been continuous trouble since the initial lease is now trying to keep part of my deposit, and to do so, is making up false claims. Here's a brief backstory:

I paid $1100/month for the house, that upon moving in, was filthy from the last tenants (friends of hers, I later learned). Toilet seats were stained, walls were dinged up pretty bad, excessive dog hair on and in everything, filthy appliances, stained tubs and showers, disgusting carpet (that I managed to get her to replace because it was covered in dog urine), clogged drains, the list goes on... I unfortunately did not notice any of these things when the house was shown to me, or I would have skipped on this house.

After sending her numerous photos, she said she would hire a cleaning company to come in and they did, but they did not do a thorough job. We lived out of boxes in the dining room the first week and a half of living there. We also repainted almost every room of the house ourselves and repaired broken cabinets because they were unworkable. We cleaned out a makeshift storage area under the backyard steps because it was a mecca for mosquitos and simply looked awful. We also repainted the front door because it was it dire need. We took numerous before and after pictures, because this whole time we've had that unnerving feeling that there just is no appeasing this person. She sent someone she knew to drive by the house and emailed us saying "we should have referred to her before painting the door." It should also be noted that it has been made apparent that she has not come to see her house in a couple of years per her friend that met us to give the keys to June 29. We did not have the courtesy of having a walkthrough before we moved in because she could not fly down. However she did come down the past Sunday apparently...a week after I had moved out. Yesterday an I get an email stating the following:

"Sorry it has taken me a few days to get in touch with you. The last week has been extremely busy. I was able to stop by the house on Sunday for a few hours. I really appreciate what you were able to do in the house. There are something�s that I will need to have taken care of before the new tenant moves in.

There were holes in all three bedrooms above all of the windows where it looks like curtain rods were hung. Since those were not patched or painted I will have to bring someone in to take care of those.

All window ledges and glass needs to be cleaned; there was dirt and dog hair on them. All of the window blinds had dog hair in them and had not been cleaned.

There were cob webs in all corners of the rooms toward the top of the ceilings.

Baseboards in the kitchen, dining room, living room and bathrooms had large amounts of dust. I am not talking about the baseboards in the bedrooms.

The interior doors in the house need to be cleaned of dirt and hand marks.

Master bathroom sink, shower and tub hardware had soap scum rings and needed to be cleaned.

The pantry shelves had debris and dirt on them and need to be cleaned.

Wood floors in the living room need to be swept and mopped. There were foot prints on the floor and clumps of dog hair.

The back patio had large amounts of dog hair. The door was also extremely dirty.

Also the air condition filter looked like it had not been changed in a really long time and had a lot dog hair in it.

Because of the amount of dog hair in the house, on the blinds and on the patio it appeared that a dog was in house longer then the temporary basis we originally discussed.

Based on all of these items, I will not be able to return the full amount of your deposit. The house will need to be re-cleaned and you will be charged the minimum cleaning fee of $250 based on item 16 in the lease agreement. A handy man will have to come into patch and paint the holes in the wall, replace the air condition filter and clean the vent of the dog hair. There will be a charge of $100 of these repairs.

I made sure to review all of the pictures and emails that you sent me with regards to prior damage, so that I didn�t charge you for existing damage.

Please send me your forwarding address so I can send you the $750 of your deposit."

NO dog has been in that house at ANY given time and I know for a fact that hair was not left behind....there's is no possibility. Baseboards were cleaned, air filter had been changed regularly, floors had all been thoroughly swept and mopped, holes were patched....these claims are ridiculous. What should I do? I have not responded to her email yet. I did take several photos of the house before I handed the keys over to her friend because I knew she was not going to give my deposit back easily. I took close ups of the tubs, showers, toilets, appliances, floors, etc. Any tips would be appreciated. This is one person that should NOT be a landlord.
 


Ohiogal

Queen Bee
Take the landlord to court then. Do you have pictures of all the windows/glass? All the corners?
 

bromicjac

Junior Member
The burden will be on you to prove your case -- which means proving she has no rights to the deposit.

Can the improvements made to the house while I lived there be used to compensate? Cabinet repair, repainting of rooms (done in the existing colors), etc?
 

bromicjac

Junior Member
Should I reply to the landlord via email or simply send photos and information to my lawyer explaining the situation?
 

Ohiogal

Queen Bee
Can the improvements made to the house while I lived there be used to compensate? Cabinet repair, repainting of rooms (done in the existing colors), etc?
Nope. That is not how it works. You should have reported them in writing and given the landlord a chance to fix the issues.
 

Zigner

Senior Member, Non-Attorney
The burden will be on you to prove your case -- which means proving she has no rights to the deposit.
I disagree on who has the burden of proof in this one. The OP merely needs to show that a security deposit was paid, but wasn't returned (in full). At that point, the burden of proof would shift to the defendant to show why she shouldn't have to return it all.
 

Ohiogal

Queen Bee
I disagree on who has the burden of proof in this one. The OP merely needs to show that a security deposit was paid, but wasn't returned (in full). At that point, the burden of proof would shift to the defendant to show why she shouldn't have to return it all.
Wrong. OP would be suing because of claims that the security deposit was wrongfully withheld. So OP needs to show that it was wrongfully withheld. The burden is on the Plaintiff.
 

Zigner

Senior Member, Non-Attorney
Wrong. OP would be suing because of claims that the security deposit was wrongfully withheld. So OP needs to show that it was wrongfully withheld. The burden is on the Plaintiff.
I know I'm not an attorney, and I hate to disagree on this one...but again, I feel that the OP only needs to show that the deposit was withheld. The burden then shifts to the D to show that she was allowed to withhold it. Of course, the plaintiff would need to provide contradictory evidence to whatever the defendant has, but only enough to balance the scale, not tip it.

Think about it this way. Let's say that both parties walk in with nothing in their hands. During the proceeding, they both agree that a deposit of $500 was paid by the plaintiff. The plaintiff says that she left the place in immaculate condition and the defendant didn't return the deposit. The defendant says the plaintiff left the place a mess and that she (the defendant) kept the deposit to pay for the cleaning.

Assuming that the credibility of both parties is not in question and assuming that the above is the full extent of testimony and evidence, who would win? The plaintiff. Why? Because she showed by a preponderance that the deposit wasn't returned and the defendant has no evidence (beyond her testimony that was negated by the plaintiff's equally credible testimony) for why it wasn't returned. The burden is on the plaintiff to show that the deposit wasn't returned and the burden is on the defendant to show that she is entitled to withhold the deposit.
 

FarmerJ

Senior Member
In court I have seen courts insist on seeing the landlords proofs that the tenant left it that way so it would be interesting to see if the LL is wanting to try to use the tenants pics claiming that is how it was left. SO OP If it was me I would have no problem taking a chance with this one in small claims court and letting the court decide, especially since you did not have a dog during your tenancy your very free to insist on the LL coughing up proof as you offer your pics to the court , if this LL has no pics or any other so called proofs then its not likely the court is going to find for the LL.
 

Zigner

Senior Member, Non-Attorney
Yes, write a demand letter.

How much money are we talking about here? It's entirely possible that your lawyer is going to cost you more than you can hope to recover...and, barring a clause stating otherwise in your lease, lawyer's fees are generally not recoverable.
 

bromicjac

Junior Member
Yes, write a demand letter.

How much money are we talking about here? It's entirely possible that your lawyer is going to cost you more than you can hope to recover...and, barring a clause stating otherwise in your lease, lawyer's fees are generally not recoverable.
My friend's father is a real estate lawyer, he offered to help out but I haven't spoken directly with him about the details. My deposit was $1,100 and she's wanting to give me back $750, so I'm out $350. Not a ton, but it's the principal..plus, $350 is not merited. I can see letting $50 slide...not $350.
 

Zigner

Senior Member, Non-Attorney
My friend's father is a real estate lawyer, he offered to help out but I haven't spoken directly with him about the details. My deposit was $1,100 and she's wanting to give me back $750, so I'm out $350. Not a ton, but it's the principal..plus, $350 is not merited. I can see letting $50 slide...not $350.
Keep in mind that an offer to "help" likely means a quick letter. I doubt it means full representation in court.
 

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