Security deposit - round 1 - FIGHT!

Shadowfire

Some of you may remember we moved about a month ago, dealt with shitty landlord, etc.

We got our security deposit back, and it's missing quite a bit.

Original security deposit was $525. There was an additional $300, which was $100 for each of our cats. By NH state law, they are required to repay the deposit, plus interest, minus any damages.

Ok, all settled, $825 + interest.

Our refund, however, amounted to $450. They deducted $25 for not cleaning the oven (our bad.. we forgot that when we left), and $50 for scratches on the hardwood floors. The hardwood floors are covered under normal wear and tear, according to New Hampshire law (as far as I'm aware). I'll deal with that too, but you may notice that the $300 pet deposit was not accounted for at all.

My question is, what should my next course of action be? Should I call? Write a letter? Visit in person? (It's only a 15 minute drive from the new place) I realize that I would have to go to small claims if it's not resolved, but I'm looking more at the steps in-between here...

Blake T

Call them ask for a list of deductions. As you probably know unless they can proove you damaged something (or left it in a state of disrepair) they cannot charge you.

Then get your shit together and start letter writing/threats.

Peter Principle

Definitely read up on your state's landlord/tenant laws. In WA, for example, landlords have exactly two weeks to return your deposit. I have used this legal out twice to get all of a damage deposit back that was unfairly withheld, and never even had to involve the court system. Perhaps there is a similar clause in your home state.

Sarcastro

Sometimes pet deposits aren't returned, as the owner may have to have cleaning services come in to remove hair and dander, etc. But if it was your understanding that it would be, check to see that they are aware you paid extra - clerical errors abound, and sometimes standard returns are applied without actually pulling the file.

An original reciept for your damage deposit would go a long way here if yo have one.

Feral

A lot of landlords will try to withhold your pet deposit, claiming it's "nonrefundable" or other such indefensible BS. I've dealt with this multiple times in California - here (and also in North Carolina as far as I can tell from a quick Googling) a deposit is a deposit, regardless of whether they attach the word "pet" or not, and is refundable unless they can show itemized damages in writing. Every time I've had to deal with this, though, it's been an honest mistake on the part of the landlords - you'd be surprised how often landlords simply don't bother to read about tenant law. I'd send a certified letter requesting the remainder of your deposit and also call them on the same day.

supabeast

Write a letter explaining exactly what your complaints about the deductions were, and that you expect that money refunded within fourteen working days. Keep a copy, and send the original to the landlord via certified mail. The certified part is a politely implied legal threat; it lets the landlord know that you're serious and keeping track of when he got it. After that just be sure and follow up with a phone call and letter on day fourteen, and if you don't have it by then, it's time for small claims court.

drhazard

Feral wrote: »

A lot of landlords will try to withhold your pet deposit, claiming it's "nonrefundable" or other such indefensible BS. I've dealt with this multiple times in California - here (and also in North Carolina as far as I can tell from a quick Googling) a deposit is a deposit, regardless of whether they attach the word "pet" or not, and is refundable unless they can show itemized damages in writing. Every time I've had to deal with this, though, it's been an honest mistake on the part of the landlords - you'd be surprised how often landlords simply don't bother to read about tenant law. I'd send a certified letter requesting the remainder of your deposit and also call them on the same day.

Yeah, I would make doubly sure that anything having to do with pets is a deposit. I know of apartments that pet deposits, and I know apartments that have pet fees. The latter would not be refunded, as it is essentially being used by the landlord to recarpet/de-dander the apartment for the next resident in case they may be allergic.

Shadowfire

Regarding the pet deposit, the lease specifically calls it a "pet security deposit, which will be refunded when tenant vacates and landlord determines that no damage has been caused by the pet." It does not say in the lease what the amount was, but I'm sure I can go to the bank and get a copy of the cancelled check.

Also, the letter we received from them did not detail the pet deposit at all. There was no mention of it being used to repair damage... all that was there was the $525, with the oven cleaning and scratched floors being the only deductions.

JHunz

Shadowfire wrote: »

Regarding the pet deposit, the lease specifically calls it a "pet security deposit, which will be refunded when tenant vacates and landlord determines that no damage has been caused by the pet." It does not say in the lease what the amount was, but I'm sure I can go to the bank and get a copy of the cancelled check.

Also, the letter we received from them did not detail the pet deposit at all. There was no mention of it being used to repair damage... all that was there was the $525, with the oven cleaning and scratched floors being the only deductions.

Either
A) He's sending it separately. (highly unlikely)
He forgot about it. (unlikely)
C) He's hoping you forgot about it. (very likely)

Sending a letter about it will convey the message that you have not forgotten about the money, that you would like it back, and that you know your rights under your lease.
P.S. Make copies of everything, including your lease, and start writing down dates - when you got your other deposit back, when you sent the letter, etc. If you do have to go to court over this it will help to have all of this documented.