Q: Dispute over security deposit return after moving out in TN.
I'm seeking advice regarding a dispute with my parents' former landlord about the return of their $750 security deposit. My parents rented an apartment on a month-to-month basis after their lease ended. They officially vacated the premises on March 30th. I was responsible for cleaning the apartment, but the landlord refused to return the deposit, citing issues like a dirty oven, leftover items in the medicine cabinet, the need to paint due to smoking (which was allowed for over 4 years), and some carpet cleaning. The landlord also raised the rent twice within a year, making it unaffordable for my parents, especially with my father's terminal cancer. I have video and photo evidence showing the apartment's condition when they left. What actions can I take to recover the security deposit, considering my parents took reasonable care of the apartment and no significant damages existed?
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A:
To recover the security deposit, the first step is to review the lease and Tennessee state laws regarding security deposits. In Tennessee, landlords are required to return the deposit within 30 days after the tenant moves out, minus any legitimate deductions for damages or unpaid rent. If the landlord fails to return the deposit or provide an itemized list of damages within this timeframe, you may have grounds to dispute the withholding.
You already have strong evidence with photos and video showing the apartment's condition, so gather any correspondence with the landlord, including the demand for the deposit, and your proof of payment. It's important to formally request the return of the deposit in writing if you haven’t already done so. You can send a letter detailing your case, referencing the state law, and demanding the full return of the deposit.
If the landlord still refuses, you can take the issue to small claims court, where you can present your evidence and make your case. The court may order the landlord to return the deposit, along with any additional damages. Keep in mind that emotional distress caused by the situation, while understandable, may not necessarily be compensable in small claims.
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