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LadySteele

Landlord charges but refuses to apply deposit to charges

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I live in Alabama. I moved out of an apartment early after paying my final months rent. The landlord made no objections to the early move out. They had a $300 non-refundable pet deposit and a $100 security deposit. They are charging me for carpet cleaning and other cleaning charges that are outrageously priced. I admit the apartment had not been cleaned, but that is because someone I hired clean it and I went in and there was mold growing in the walls and carpet from a leak that is a third party's liability. I was never alerted that repairs had been made and they sent me the final statement charging me money that they already held as deposits.

My question is, are they legally required to apply all of the deposits toward the charges, or do they get to pocket $200 of it?

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Let's say, for example, repairs and/or cleaning cost $1000 and they sue you for $1000. The judge should give you a credit of $400 toward the bill.

 

Are you saying that the charges are only $200 and the LL is keeping the $400?

 

Or how much are you actually being billed for?

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I gave them a $300 non-refundable pet deposit and a $100 security deposit. They sent me a final statement for $325.54. It says that $200 "Apply Deposit to Charges Due". But the "Total Account Balance Due" is $225.54. I'm not a mathematician, but $325.54-200 does not equal $225.54. So that means they are pocketing $174.46. 

They should be required to apply all of the deposit and at the very least pay attention to their math. 

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I don't suppose it occurrred to you that they are not applying the "non-refundable pet deposit" to the charges.  So, $325.54 - $100.00 = $225.54.  Read your lease and attachments to see if the "pet deposit" is not a deposit at all and report back.  

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They are charging me for carpet cleaning and other cleaning charges that are outrageously priced.

 

"Outrageous" is in the eye of the beholder, and $325 is hardly unreasonable for an apartment that you admittedly left without cleaning and in which you had a pet.

 

 

 

are they legally required to apply all of the deposits toward the charges, or do they get to pocket $200 of it?

 

I don't really understand the question.  You basically had a $400 security deposit, and I couldn't find anything in a quick google search that either expressly prohibits or expressly permits non-refundable deposits.  In any event, if the cost of returning your apartment to a re-rentable condition exceeded $400, then the landlord is completely justified in seeking the additional amounts from you.

 

 

 

I gave them a $300 non-refundable pet deposit and a $100 security deposit. They sent me a final statement for $325.54. It says that $200 "Apply Deposit to Charges Due". But the "Total Account Balance Due" is $225.54. I'm not a mathematician, but $325.54-200 does not equal $225.54. So that means they are pocketing $174.46. 

They should be required to apply all of the deposit and at the very least pay attention to their math. 

 

I agree.  Have you contacted the landlord and reminded him/her/it that you gave $400 in deposit and not $200?  If not, why not?  If so, what response did you receive?

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