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Landlord withheld money from security deposit

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cooper13

Junior Member
Missouri

Our tenancy ended on August 22nd. When we gave notice in July landlords had contractor come in immediate to do improvements to house so they could sell it. Work was done while we were living there, moving our stuff out and still in our agreement. They tore up carpet, painted, etc. We turned in keys on August 22nd. We never received notice from them about doing a walk through. By law they have 30 days to send back a list or return security deposit. The 30 days would have been Sept. 21st. On September 26th we send a demand letter to the tenants with a copy of the Missouri Statues about walk throughs and security deposit returns and that they were past the date. Our security deposit was $1,000.00

We received a letter today, post marked October 9th, but letter and check was dated September 22nd. They withheld $300 for a microwave that was cracked and previously was not working but when we left on August 22nd it worked and heated food. I also called GE and they said the crack was due to normal wear and tear caused by moisture. I had them send an email stating that. Also, the house is under contract and the same microwave that they are charging me for is listed in the for sale pictures and being sold with the house.

In letter from landlord saying she was witholding the $300 for the microwave, she also said she was waiting on invoices for services completed. That they now have all the costs of cleaning and damages but have decided to only charge us for the microwave and if they billed us for everything we would have had to pay them. The list noted they would have charged us for a counter top microwave that was missing (I have photos of last day when contractors moved it to living room floor, guest bathroom floor stained bad that they had to replace (vinyl floor that was there when we moved it. I cleaned it even when contractor told me not to as they were going to replace it), stains in carpet and ripped seams in bedroom so carpet needed replaced (I told landlord we were going to clean carpets but they said not to as they were replacing all. Also, carpet was torn out of room on August 9th while we were still under lease agreement).

** Is it worth going to small claims court over the $300 they withheld for the microwave that was clearly working as they did not follow Missouri statute by not notifying us of a walk through inspection after we moved out and did not send/post mark a letter to us by September 21st? Would Judge award double the amount of deposit since they did not follow statute? Or should we just take the $700.00 and deposit it

* Can we go to small claims court for them having contractors in property making improvement while were were still there with our belongings and have them reimburse us for the rent we paid at that time.

* I do have time stamped photos of each day for the entire month the contractors were making improvements.
 


Zigner

Senior Member, Non-Attorney
** Is it worth going to small claims court over the $300 they withheld for the microwave that was clearly working as they did not follow Missouri statute by not notifying us of a walk through inspection after we moved out and did not send/post mark a letter to us by September 21st? Would Judge award double the amount of deposit since they did not follow statute? Or should we just take the $700.00 and deposit it
That's for you to decide. Personally, I'd grumble and moan all the way to the bank, realizing that my time is worth more than the $300.

* Can we go to small claims court for them having contractors in property making improvement while were were still there with our belongings and have them reimburse us for the rent we paid at that time.
Sure, but you won't be successful.
 

HRZ

Senior Member
MY suggestion as a retired LL..File appropriate small claims action against LL and make it clear you are seeking double damages as to just the $300 microwave issue.
Plus since it's unknown if the property will transfer before this matter is settled and security deposits supposedly transfer to new owner ...I'd also name the new intended owner . New owner to be may put a lot of heat on seller to fix problem before closing

Sure it's not worth a battle over $300...but LL needs to be worried that it might gum up the sale....squeaky wheels often get oiled. .
 

Zigner

Senior Member, Non-Attorney
MY suggestion as a retired LL..File appropriate small claims action against LL and make it clear you are seeking double damages as to just the $300 microwave issue.
Plus since it's unknown if the property will transfer before this matter is settled and security deposits supposedly transfer to new owner ...I'd also name the new intended owner . New owner to be may put a lot of heat on seller to fix problem before closing

Sure it's not worth a battle over $300...but LL needs to be worried that it might gum up the sale....squeaky wheels often get oiled. .
I disagree about including a new owner. It's not about when the matter is filed, rather, it's about the period of tenancy. In fact, filing against a new owner may be considered frivolous enough that it can invite an abuse of process counterclaim.
 

HRZ

Senior Member
Zigner makes a very valid counterpoint about naming buyer.

As a buyer I quickly learned to,take great care not to inherit prior owners tenant problems ...pray the buyer hears the squeaky wheel without overdoing it.
 

cooper13

Junior Member
Thank you. To clarify if going the small claims route, with the landlord, how would I go about finding out who the new buyer will be? I do know the property went under contract on October 3rd but do not know the buyers names. Do I contact the landlord for their names? Or the real estate agent the property is listed with? Or is adding the new buyer too much?
 

Zigner

Senior Member, Non-Attorney
Thank you. To clarify if going the small claims route, with the landlord, how would I go about finding out who the new buyer will be? I do know the property went under contract on October 3rd but do not know the buyers names. Do I contact the landlord for their names? Or the real estate agent the property is listed with? Or is adding the new buyer too much?
To reiterate - the new buyer won't come in to play here.
 

FarmerJ

Senior Member
when you file your claim with small claims court your complaint is that the LL did not follow the law and was late to do a deposit disposition and plan on asking for the refund of the microwave money and penalty BUT leave a new owner out of it, if the property were sold while you still lived there then the new owner would have been the one to sue because the former LL would have not had any claim on your deposit funds and new owner would have had that obligation to you.
 

FarmerJ

Senior Member
If you don't cash it and sit on it and it bounces or has a stop payment ordered then its more hassle, cashing it would not prevent you /bar you from suing.
 

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