• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Unfair deposit withholding

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Indecent

Junior Member
What is the name of your state? Iowa

This involves a house that we just moved out after a one year lease. During our stay, we had numerous problems with the landlord not fixing appliances.

In January of this year a window pane was broken and we quickly contacted the landlord about it. Due to the low temperatures in Iowa the landlord came over the next day and brought with him insulation and a piece of plywood that we used as makeshift window until the window could be replaced. We were told that the window would be installed in two weeks, but even after we continued to call him on a weekly basis the window was NEVER replaced, even after we have moved out.

After moving out we left an address in writing where the deposit could be mailed. We contacted the landlord after he failed to return our deposit within the one month the lease required. At this time we were informed that the cost to replace the window was almost $300, despite the fact that the window was never replaced while we lived there and the only damages to the window were one pane of glass was broken. He claims that the window frame was damaged beyond repair and the whole thing needed to be replaced. We argue that because the window had a wooden frame and was partially open for rain and snow (the insulation and plywood did not cover the whole window) that any damage to the frame based on his negligence to replace the window is not our fault. Also, the window that was damaged had a wooden frame and he is trying to replace it with an aluminum window instead. Shouldn’t it be replaced with a window of equal quality?What is the name of your state?
 


acmb05

Senior Member
Indecent said:
What is the name of your state? Iowa

This involves a house that we just moved out after a one year lease. During our stay, we had numerous problems with the landlord not fixing appliances.

In January of this year a window pane was broken and we quickly contacted the landlord about it. Due to the low temperatures in Iowa the landlord came over the next day and brought with him insulation and a piece of plywood that we used as makeshift window until the window could be replaced. We were told that the window would be installed in two weeks, but even after we continued to call him on a weekly basis the window was NEVER replaced, even after we have moved out.

After moving out we left an address in writing where the deposit could be mailed. We contacted the landlord after he failed to return our deposit within the one month the lease required. At this time we were informed that the cost to replace the window was almost $300, despite the fact that the window was never replaced while we lived there and the only damages to the window were one pane of glass was broken. He claims that the window frame was damaged beyond repair and the whole thing needed to be replaced. We argue that because the window had a wooden frame and was partially open for rain and snow (the insulation and plywood did not cover the whole window) that any damage to the frame based on his negligence to replace the window is not our fault. Also, the window that was damaged had a wooden frame and he is trying to replace it with an aluminum window instead. Shouldn’t it be replaced with a window of equal quality?What is the name of your state?
If he did not notify you in writing of the damages and cost of repair he cannot keep your deposit now. Check your LL/T laws for your state you could be able to take him to small claims court and receive double or triple your deposit back.

On a side note: You should have communicated all of your repair request in writing and send it CRRR thru the mail. Never do it verbally because they can always say you never asked and you would have no proof that you did.
 

Indecent

Junior Member
Thanks for the reply. I checked the LL/T laws and it is indeed 30 days or he forfeits. Would it make any difference if the address and we gave him was different from the address the check was sent from and the leases were sent to? Also, the person who wrote him the deposit was our one of my roommates' dad. Would the check have to be made out to the same person?

Thanks for you help, I appreciate it.
 

Who's Liable?

Senior Member
Indecent said:
Thanks for the reply. I checked the LL/T laws and it is indeed 30 days or he forfeits. Would it make any difference if the address and we gave him was different from the address the check was sent from and the leases were sent to?
Eh? The LL must send the check to the address given to him as your forwarding address within the specified amount of time allowed in your states LL/T laws.


Indecent said:
Also, the person who wrote him the deposit was our one of my roommates' dad. Would the check have to be made out to the same person?

Thanks for you help, I appreciate it.
The check should be made to the person whom originally paid the deposit.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top