Q: I passed inspection but 40 days later they want to say I didn't?
I moved out 40 days ago, I was informed that I passed inspection the day of my move out but it would take 30-45 days to issue refund on deposit.
Today I emailed inquiring if there was an update and they said they changed their minds and they are attempting to put together an itemized list now of charges I owe; I have the email and text of them saying I passed inspection and even stating since there would be no deductions so my refund should be quick. What do I do? Can I sue?
A:
Based on the information you've provided, it seems that the landlord or property management company has acted in bad faith by initially informing you that you passed the inspection and were entitled to a full refund of your security deposit, but later changing their stance and attempting to charge you for damages or issues.
In this situation, you have a few options:
1. Gather evidence: Compile all the emails, texts, and any other written communication that clearly show they informed you of passing the inspection and promising a full refund. This evidence will be crucial if you need to take legal action.
2. Attempt to resolve the issue directly: Reach out to the landlord or property management company, present the evidence you have, and ask them to honor their original statement. Be professional and firm in your communication.
3. Send a demand letter: If the landlord is unresponsive or unwilling to resolve the issue, send a formal demand letter stating the facts, your evidence, and your expectation for the full refund. Set a reasonable deadline for them to respond or issue the refund.
4. Consider legal action: If the landlord fails to respond or refuses to issue the refund, you may need to take legal action. Depending on your location and the amount of the deposit, you can file a claim in small claims court. You can also consider seeking assistance from a local tenants' rights organization or a landlord-tenant attorney.
In many jurisdictions, landlords are required to provide an itemized list of damages and charges within a specific timeframe after the tenant moves out. Failing to do so or attempting to charge for damages after initially stating that the tenant passed inspection may be a violation of landlord-tenant laws.
While you may have grounds for legal action, it's essential to carefully review your lease agreement and familiarize yourself with your local landlord-tenant laws before proceeding. Seeking legal advice from a qualified attorney can help you understand your rights and the best course of action in your specific situation.
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