Q: After move out, landlord did not send invoice or refund on deposit for 44 days. Entitled to full deposit back?
We moved out 1/1/18, we had to call on 2/13/18 to prompt her to issue us refund on deposit and applicable invoices for charges for deposit not refunded. When we did get deposit, she withheld $660, which includes $300 for painting 3 bed/1 bath, $100 for cleaning an oven/fridge/windows/floor, $140 for cleaning out garage/hauling garbage (items in question were left by landlord/previous tenant and not ours), and $120 for carpet cleaning. Since we were not provided receipts/invoices/deposit refund check within 31 days, are we entitled to an additional refund of the $660 deposit withheld? If we are, what are our options for having that money returned? Also, can we deposit the checks we did receive in the meantime while deciding on a potential course of action?
A: If no refund or accounting was sent to you within 31 days of your restoring possession to the landlord, you are entitled to recover twice the amount not refunded or accounted for, not just the $660 that was eventually refunded. The landlord can still deduct valid damages from the doubled amount but owes you the rest. Some of those damage charges do appear suspicious at best. Does your lease specify that you will be charged for carpet cleaning, even if you have it cleaned yourself? If not, it is likely to be an invalid charge. The nice thing here is that along with being entitled to double your deposit, your landlord is liable for your court costs and attorneys fees. So consider gathering your lease, the accounting, and any communications with the landlord and review it all with a landlord-tenant attorney. Good luck.
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.
