Landlord is threatening to withhold security deposit and take me to court

[myname]

On December 1, 2000 I gave my landlord my 30 days notice that I will be moving out. The apartment that I have been living in is furnished, and while living here a piece of furniture was damaged. I know that I am responsible for the cost of replacing the piece of furniture. When I gave my 30 days notice, I told the landlord to take the money out of my security deposit to cover the cost of the piece of furniture. He said that he doesn't want to do this. He says that he wants me to buy the replacement piece of furniture. When I asked him why he couldn't just take it out of my security deposit, he said because that money would be used for other stuff. I asked him what other stuff it would be used for and he didn't give me a straight answer. It seems that he wants to keep my security deposit AND he wants me to pay for a replacement piece of furniture. My apartment will be in excellent condition when I move out, so I don't know why he thinks he can keep the security deposit. When I told him that I would not pay for the replacement cost of the piece of furniture, because I know that my security deposit will be enough to cover the cost as well as any expenses that might be left over; he told me that he would see me in court. Now my landlord is estimating that the replacement cost for the piece of furniture is nearly double what it really is. (I know because I've called around to several different places to get estimates myself). I've asked the landlord to see the receipts for the original piece of furniture and he refuses to show them to me (probably because he knows he is lying about the replacement cost). How should I proceed with this? What are my options?

Also, I've been living in this apartment for several years, and by state law, the landlord is required to keep the security deposit in an account which will accrue interest. Is there anyway I can find out from him how much interst has been accrued (or if he has even been keeping it in an account like he is suppose to do)? As a side note, I've just found out that the according to the county's zoning ordinance for where we live (i've been renting the basement apartment of the house and the landlord lives in the main part of the house), it is against the law to have more than one "dwelling unit per parcel of land". You are allowed to have up to 2 roomates, but you can not have a more than one dwelling unit. I know that the basement apartment in which I've been living would count as separate dwelling unit than the main house because it has a private entrance with a full kitchen with a stove and a full bathroom, living room and bedroom. Is there anyway that I can use this knowledge to my advantage with my current predicament. If the county finds out what the landlord has been doing, can I, as the renter, get into any type of trouble as a result? Is the rental agreement which we originally signed still considered valid?

Thanks for your help, and I live in Virginia.

 

[HomeGuru]

What is your main question?

 

[LL]

I know that your real question is about the landlord wanting to keep your security deposit, but there is one other aspect to your posting.

You may not be responsible for the entire replacement cost
of the piece of furniture that you damaged. You should consider the condition of the piece, and how much useful life of the furniture the landlord lost because you damaged it. You may be responsible for only the landlord's actual loss. If you go out and replace it, the landlord never has to face the question of depreciated value.

 

[myname]

My questions are:

How can I prevent my landlord from making up bogus claims so that he can keep my security deposit plus get additional money from me? (The piece of furniture which was broken will not cost more than $450.00 to replace, yet he is telling me that it would cost approx. $900.00 to replace).

I've been renting the apartment for 3.5 years. What is considered normal "wear and tear"? For example, the carpeting that was in the apartment when I moved in was at least 3 years old. Now it is at least 6.5 years old, if not more, so of course there is some light fraying at some of the edges (which is due to its age and not the result of bad care on my part). Can the landlord now try to say that the carpet has to be replaced at my cost and try to take the money out of my security deposit?

Is there anyway I can find out from my landlord how much interst has been accrued on my security deposit (or if he has even been keeping it in an account so that it can accrue interest like he is suppose to do by state law)?

Is there anyway that I can use the knowledge that my landlord has been in violation of county zoning ordinances for years by renting out his basement as a separate "dwelling unit" to my advantage with my current predicament?

If the county finds out that my landlord has been violating zoning ordinances, can I, as the renter, get into any type of legal trouble as a result?

Is the rental agreement which we originally signed still considered valid since the apartment which the agreement is regarding is being illegally rented out?

 

[Wgoodrich]

Am not a lawyer but am a landlord. I suggest you take pictures of any questionable conditions that he may challenge as damaged. Also take pictures of the general conditions of the apartment to show good faith on your part that the apartment is normal wear and tear. Take pictures of the general condition of the apartment both before you move out and after the apartment is empty just before you walk out. The pictures are the strongest defense you will have. You might even want a friend to witness the pictures being taken on the day you move out, then have an affidavit signed by the witness as to when the pictures were taken and that the pictures show the general conditions of the apartment. Better yet have this witness available in court.

Take a picture of the broken furniture both showing the general appearance of that broken furniture and a close up of the area broken, Get a picture of a piece of new furniture equal to the one broken and a written cost statement of that new piece of furniture from the retail store.

The judge will take normal wear and tear into his ruling, but be sure to mention it so you know it is in the judge's mind. Normal wear and tear should reduce your damage replacement cost measurably of that piece of furniture. Admit and agree to pay some damage for the furniture that was broken but mention your reluctance to pay full value during your hearing. State the reason for reluctance to pay full value by showing the furniture was used when you moved in and you lived the several years.

The lease you had is usually for a one year period. If your lease time frame has passed its time limit then you are on a month to month basis. The judge may put some value on the lease if an agreement in the lease states new replacement of damaged goods in the apartment.

The money earned from interest for a security deposit is probably not worth persuing.

A statement made by you to the plan commission may cause the landlord some heartache by stopping him from renting the apartment again or causing him the trouble of filing for a variance that he may not get approved.

I doubt you have any liability of zoning laws as a renter.

In my state a security deposit must be either returned to the renter from a landlord or that renter must have received a statement in full detail of the money withheld from the return of that deposit to the renter justifying withholding that money. This action notifying the renter of the disposition of the deposit is required to be complied within 30 days of the renter relinquishing the apartment to the landlord. If the landlord does not fulfill this requirment within the 30 days, then the renter can file against the landlord for full restitution regardless of any damage and the renter and the renter can claim attorney's fees from that landlord in the suit. You might want to check if this law exists where you live.

Good Luck

Wg