#175576 - 07/04/08 08:24 PM
Cleaning Deposit
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Swiss n Swedish American
Registered: 12/09/06
Posts: 9072
Loc: A citizen of Heaven
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I tried posting this previously but it got eaten by cyberspace ... Anyway .... Calling all legal experts and those with good common sense ideas ....
A year ago when we leased a house .... we placed a refundable cleaning deposit of $900. Now that we have moved out ... the landlord says that he will give it all back to us when he can come up with the money. (He's spent our deposit).
The trouble is ... He says that he is not sure when he will be able to come up with it.
What are my legal rights? What should I do? Should I just wait? Or do I need to press the issue ? Perhaps I should go to the Real Estate Agent that helped the owner and us get it all legal?
I've heard that in some states the landlord is required to deposit it into an account that he is not allowed to touch.
Anyone know ???
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#175579 - 07/04/08 09:01 PM
Re: Cleaning Deposit
[Re: Redwood]
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Princess of Pasadena
Registered: 12/29/01
Posts: 2591
Loc: California
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In California, at least, that fact situation is a perfect fit for a Small Claims Court case. Go to your local courthouse and fill out a Small Claims form, have the sheriff serve it, and meet the guy in court.
You'll win your case. Then the problem will come in trying to collect on the judgment. But here at least you have the right to cross-examine the landlord as to the extent of all his assets (including bank accouts, etc.). Then you can put a lien on the bank accounts so you get paid whenever there's money there. Also, you'll be able to put a lien on his real estate [query: was he the owner of that property where you lived, or was he just the owner's agent?].
Good luck.
Worst case scenario: he may be judgment-proof.
If you can't collect the money, in some states there are rights to triple damages [three times the actual amount owed]. This still does not result in criminal penalties against him, however. But you could file a complaint with the District Attorney after all else fails.
_________________________
Jeannie
...Change is inevitable; growth is optional....
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#175589 - 07/04/08 11:08 PM
Re: Cleaning Deposit
[Re: Jeannieb43]
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Swiss n Swedish American
Registered: 12/09/06
Posts: 9072
Loc: A citizen of Heaven
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Thanks Jeannie .... This is good to know. I think I will give him more time. But if much more time goes by ... this will be good info to have. Let's pray it doesn't have to go this far.
_________________________
Another one of Woodies Goodies
Love WON Another.
Redwood the tree
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#175590 - 07/04/08 11:20 PM
Re: Cleaning Deposit
[Re: Redwood]
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Princess of Pasadena
Registered: 12/29/01
Posts: 2591
Loc: California
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Don't wait too long. There is a statutory time limit, which I've forgotten just now. I think it was two weeks after you move out, your security deposit has to be returned to you --or an itemized statement of why it was retained.
You need to make a written demand for the money. Submit a copy of the (dated) demand letter as an exhibit in court.
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Jeannie
...Change is inevitable; growth is optional....
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#175614 - 07/05/08 02:16 AM
Re: Cleaning Deposit
[Re: Jeannieb43]
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Registered: 04/19/05
Posts: 598
Loc: Texas
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I would be reluctant to take the guy to court, especially if he was a good man, just lousy with money.
However, I would get it in writing that (1) You are entitled to your security deposit, (2) how much that deposit is, and that (3) He will either pay all of it in a one lump sum, or that he will begin making payments by (fill in the blank) date and ending on (fill in the blank)date. Make two copies, and sign and date both and then have your ex-landlord do the same. Then each one of you keeps one copy.
This protects you both, you will have the necessary documentation that you need to win a court case, should it go that far, and the ex-landlord knows that he has X amount of time to either come up with the money or can make payments until it is paid.
Good luck, let us know what happens.
_________________________
For what will a man be profited, if he gains the whole world, and forfeits his soul? Mat. 16:26
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#175618 - 07/05/08 02:51 AM
Re: Cleaning Deposit
[Re: Liz]
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Swiss n Swedish American
Registered: 12/09/06
Posts: 9072
Loc: A citizen of Heaven
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Thanks you guys. Great suggestions. I will do that.
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Another one of Woodies Goodies
Love WON Another.
Redwood the tree
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#175667 - 07/05/08 06:19 AM
Re: Cleaning Deposit
[Re: Redwood]
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Here Forever, by Request :)
Registered: 07/30/01
Posts: 18472
Loc: Out standing in a field
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Another thing to think about. Did you take pictures of how the house looked after you had left and cleaned? Time and time again cases like these come down to he said, they said. The landlord could come back and say that you left the home with damage or dirt that he had to repair or get professionally cleaned and therefore you are not due any money back. Try googling your state+tenant rights for the laws. Reread your lease agreement too. For example. This is what is written for the state of Oregon Most residential landlords can require tenants to pay certain fees or deposits. The most common fee is a security deposit. Security deposits protect the landlord if the tenant fails to pay the rent, or causes a lot of damage to the rental. Your landlord cannot charge you for normal wear and tear. In fact, your landlord can only charge you for reasons that he or she documents. In Oregon, there is no minimum or maximum amount your landlord can charge for the security deposit. Your landlord does not have to pay you the interest gained on your security deposit.
If your landlord makes a change in your rental agreement, he or she may increase the security deposit by adding a charge related to that change. For example, if your landlord agrees to let you have a pet in the unit, he or she may increase your deposit. If your landlord asks for this increase after you are in the unit for a year, you have three months to pay the increase. Your landlord cannot ask for an increased security deposit in the first year unless terms and conditions of the rental agreement change.
Your landlord has to return your deposit within 31 days of the end of your rental agreement. If your landlord keeps any part of your deposit, he or she must notify you in writing and tell you why. This notice must be personally delivered or mailed within 31 days. If your landlord wrongfully keeps part or all of the money, you have one year to file a lawsuit for up to twice the amount of the money kept by your landlord.
You should carefully inspect and document the condition of the rental unit before moving in or out. Photographs and witnesses can be helpful in settling disputes later on.
Your landlord may also charge a fee for cleaning or other purposes. In order to charge a fee, he or she must clearly document what the charge is for. There is no maximum or minimum amount for fees; however, a landlord has a duty to act in good faith in all transactions with tenants by charging reasonable fees only. Although a landlord has no duty to refund cleaning or security fees, a landlord who charges both a fee and a deposit must deduct all costs of maintenance and repair of all tenant-caused problems first to the fee, then, if costs remain, to the deposit.
_________________________
"Earth - insane asylum for the universe." - Maxine " Do not love the world or anything in the world. If anyone loves the world, the love of the Father is not in him..."1 John 2:15-16
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#175686 - 07/05/08 04:12 PM
Re: Cleaning Deposit
[Re: Amelia]
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Swiss n Swedish American
Registered: 12/09/06
Posts: 9072
Loc: A citizen of Heaven
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Whoops. I didn't take pictures. I figured they were honest folks. Stupid me. But the house was a total mess when we moved in. And it is SO clean now. The comparison is striking. They know it and have said they will give all of the money back but that they have NO idea WHEN. They are just laid back people who don't figure it matters. But it does make me worry. I now wish I had taken pictures. Good and interesting info Amelia. Thank you.
_________________________
Another one of Woodies Goodies
Love WON Another.
Redwood the tree
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