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rental deposit and carpet fee refund


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#1 honeyboy1

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Posted 10 January 2013 - 11:39 PM

I was in a month to month written agreement with a deposit of $500 and first months rent. If pets were present,(yes they were,) another $600 for carpet replacement," that if after the tenant has left,the carpet can be restored with shampooing,the balance of $600 will be returned to tenant." The carpet is in excellent condition, no dispute by Landlord. I was not given any notice to quit in writing but was verbally told by Landlord that he decided that he was going to burn the duplex down and to start looking for a place to rent.This was told to me on the 9th of July when I personally paid him the remaining $300 owed for July rent. He stated to me at this time not to pay anymore rent to him and be out by Oct.1.I was out by Oct.1 and sent a letter to him dated Oct.5 requesting only my carpet fee money to be refunded back but to keep the security deposit because of no rent paid for Aug.&Sept. and I requested my CRP for 2011-2012. A letter returned dated Oct.19 was sent with the CRP's and in that letter it stated that my Landlord and I had agreed on the 20th of July in a conversation that all monies for deposit and carpet were to be used to pay the last two months of rent. I never had a conversation on this date nor any date that had agreed for monies to be used this way. I have never received any notices to quit in writing or demands of money from my Landlord to pay. I show a stable history of all rent paid up until July.There is no written agreement about a security deposit being kept nor the carpet fee to be kept as payment for rent that was told verbally not to be paid for the following two months.To show proof in this would be no written notice of eviction,late fees,demands of money from Landlord to tenant..?Will a civil action give me my deposit(s) back or am I wasting my time due to two months "free?" My rent was $600 month.

#2 adjusterjack

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Posted 11 January 2013 - 08:51 AM

Look up your state's landlord-tenant statute.

There'll be a section about security deposits.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 Guest_FindLaw_Amir_*

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Posted 11 January 2013 - 09:15 AM

Security deposit laws in every state allow a landlord to collect money from a tenant to repair damage that exceeds normal wear and tear and for unpaid rent. After a tenant moves out of the rental unit, the landlord must return the unused portion of the security deposit to the tenant within a specific time. To learn more about this subject matter, you may wish to visit the Real Estate Law Center: Rent and Security Deposit and read Security Deposit Laws as a good resource.

#4 honeyboy1

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Posted 18 January 2013 - 07:29 AM

I was in a month to month written agreement with a deposit of $500 and first months rent. If pets were present,(yes they were,) another $600 for carpet replacement," that if after the tenant has left,the carpet can be restored with shampooing,the balance of $600 will be returned to tenant." The carpet is in excellent condition, no dispute by Landlord. I was not given any notice to quit in writing but was verbally told by Landlord that he decided that he was going to burn the duplex down and to start looking for a place to rent.This was told to me on the 9th of July when I personally paid him the remaining $300 owed for July rent. He stated to me at this time not to pay anymore rent to him and be out by Oct.1.I was out by Oct.1 and sent a letter to him dated Oct.5 requesting only my carpet fee money to be refunded back but to keep the security deposit because of no rent paid for Aug.&Sept. and I requested my CRP for 2011-2012. A letter returned dated Oct.19 was sent with the CRP's and in that letter it stated that my Landlord and I had agreed on the 20th of July in a conversation that all monies for deposit and carpet were to be used to pay the last two months of rent. I never had a conversation on this date nor any date that had agreed for monies to be used this way. I have never received any notices to quit in writing or demands of money from my Landlord to pay. I show a stable history of all rent paid up until July.There is no written agreement about a security deposit being kept nor the carpet fee to be kept as payment for rent that was told verbally not to be paid for the following two months.To show proof in this would be no written notice of eviction,late fees,demands of money from Landlord to tenant..?Will a civil action give me my deposit(s) back or am I wasting my time due to two months "free?" My rent was $600 month.

***I knew to look at the laws already but I see grey area in the two months free !!!




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