Hattiesburg, MS asked in Landlord - Tenant for Mississippi

Q: I moved out of my apartment and throughly cleaned it, but the complex refused to give me my security deposit back

I cleaned my apartment even washing the walls to remove any form of dirt and even took pictures of every room. I asked about my deposit and was told the apartment was not cleaned up to their standards. Is that legal to do also there were no holes or anything in the walls. It looked exactly like it did when I moved in.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: Landlords are generally required to return a tenant's security deposit if the apartment is left in the same condition as it was at the beginning of the tenancy, accounting for normal wear and tear. If a landlord claims that the apartment was not cleaned to their standards, they should provide a detailed list of the specific issues and, in many jurisdictions, corresponding receipts or estimates for the cleaning or repair costs. The legality of withholding a security deposit for cleaning reasons depends on the lease agreement and local tenant-landlord laws.

Taking pictures of every room after cleaning was a smart move. These photographs serve as evidence of the apartment's condition when you moved out. If there is a dispute over the security deposit, this evidence can be crucial. You should review your lease agreement and any move-in and move-out checklists or reports that were completed. These documents can help clarify what "standards" were expected and whether the condition of the apartment meets those standards.

If you believe that your security deposit is being unfairly withheld, consider reaching out to a local tenant's rights group for advice. You may also have the option to pursue legal action in small claims court to recover your deposit. Laws vary by location, but many places have specific regulations that protect tenants in these situations, including timelines for returning deposits and requirements for landlords to provide an itemized list of deductions.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.