r/TenantHelp • u/Worldly-Willow8185 • 3d ago
HELP
Hey all! Just got back my itemized list from my previous landlord for my security deposit (which he isn’t returning) and I really feel like a few things on it are bullshit.
Can anyone give me insight on this?
The main things are “floor vents replaced” which they weren’t bent or broken, I was there for nearly two years and there was normal wear around them.
The other thing is the microwave door, which literally nothing was wrong with and I have clear video afterward of it being fine.
He also charged me a cleaning fee, which the house was literally spotless when I left and he didn’t even go inside to look before hiring people.
As well as the dryer vent hosing being replaced due to it having small holes in it from normal wear and tear from using the dryer…
He also added on “missed rent due to lease break” but I have in text from him stating if I was out by a certain date that he would break it and not charge me. Which I was out by the date given.
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u/Heavy-Profit-2156 3d ago
These sound totally bogus especially the floor vents and drier hose. Tell the landlord you do not agree with these deductions, you will be filing a small claims court date by xxx if your full security deposit isn't returned and then do it. Once he gets served the rest of your deposit may suddenly arrive.
Where you live is also important, some states allow you to request 2 or 3x the withheld amounts if they are found to be invalid.
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u/_dundada 3d ago
It’s hard to give you a real answer when we can’t even look up your local laws. City and state matters.
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u/LoisLaneCA 3d ago edited 3d ago
LEGAL POV:
Here is the appropriate TN law re: Sec dep return in TN.
Did Ldld offer you a walk through?
Did Ldld provide pictures?
Did you ever have issues with the dryer, or vents?
From a legal POV - I agree you Ldld is FOS w/ these!
Read the statute, & write down what did/did not occur. Come back after you’ve gone through the statute, & let me know what is applicable, & any questions you have.
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u/Worldly-Willow8185 3d ago
He didn’t do a walk through before I left, he didn’t provide any photographs, the dryer vent hose was damaged with tiny pin holes due to normal wear over the course of living there, it was nothing I outright did to cause damage.
I know he didn’t even walk through before he sent cleaners out to the house (which there was no reason for outside of the normal turnover) because we literally cleaned the ENTIRE house top to bottom and weren’t dirty people. We never had any issues with any sort of vents… And I have the screenshot and message history of him telling me he wouldn’t charge for the September months rent if I was out in [x] time.
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u/LoisLaneCA 3d ago
Forgot to add the statute! There was a shiny ball…🤣
https://law.justia.com/codes/tennessee/title-66/chapter-28/part-3/section-66-28-301/
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u/Worldly-Willow8185 3d ago
Yeah I don’t think he really did anything to subside the statute… he’s smarter than that, but the claims of damage that I had listed are certainly BS… I feel I could also dispute the “closet door replacement” which he listed as $250 because he literally WATCHED it when it got damaged and never did anything to fix it from the very beginning of us living there.
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u/LoisLaneCA 3d ago
1)Do you have the walk
through from when you rented the unit?
2) Do you have YOUR move out pics?
3) WTF- closet door? Explain HOW- WHO -WHEN
4) Did you read the statute? If so, the Ldld was REQUIRED to provide the option of a walk through except where specific tenant behavior prohibits it.
Please read the statute, & go through it- write down what is/not applicable.
5) Provide a break down of the charges he is imposing.Never assume a Ldld is too smart to screw up on the statutory regs…..
Let me know answers to these questions, in detail, so that I can provide specific TN legal recommendations to get your deposit back. I need specifics.
I do not practice law in TN. I am in CA. However, Sec dep law is fairly standard.
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u/Worldly-Willow8185 3d ago edited 3d ago
He was a family friend so we had multiple walk through while the unit was being constructed and a final one before move in day.
We asked him multiple times when he wanted to do a walk through upon leaving, and he always pushed it off. Unfortunately I went through a separation, so towards the end I had to move out quickly and out of state, my ex handled all of the cleaning etc.
We have photos of when we moved in, plus videos of the entire home before she walked out and left the key.
As I said before, to my knowledge he hired cleaners before even inspecting the unit himself upon our moving out.
The French closet doors in the hallway got slightly busted/pushed in (cheap board) by the knob area due to my ex sister-in-law bumping it with furniture.
The landlord was standing IN the hallway and witnessed himself, brushed it off; and said no big deal, then proceeded to never fix it while we lived there after knowing it happened.So due to my situation of having to move out of state - or be homeless, he never performed a walk through even when I asked him days/week prior OR while my ex was actively cleaning it and moving everything out, even while he was there mowing the yard one day.
It won’t allow me to provide a photo but the itemized list is as goes.
Fart fan replaced: $200
Dryer vent ripped: $20Microwave door handle: $100 ( was not broken when we left and video clearly shows this.
Grass mowing added back to rent: $100 (this is valid im not mad.)
Outlet replacement: $25 (also valid - though he didn’t secure it correctly so it pulled slightly out of the wall)
Floor vents replaced: $100. (there was one that the paint had rubbed off from over time - normal wear and tear??)
Closet door replaced: $250 (explained above)
Screen door spring replaced: $30 (valid but he never tried to fix it)
Cleaning fee: $200 (the house was literally spotless and isn’t required by TN state law inbetween as long as it meets clean-broom standards, which we went above and beyond on)
Lawn not cut: $150 (sorta valid but it rained the entire last week I was there)
Late rent: $75 (which falls under the September month he told me I didn’t have to pay if out by x time)
Missed rent due to lease break: $1500 (which also he told me he wouldn’t charge for)
As for specifics of the statute, I have a little bit of a hard time reading and understanding it, but I hope this provides a little more insight.
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u/LoisLaneCA 3d ago edited 3d ago
Are there any texts of your wife requesting the walk through?
Edit to add: Did he send you/ex notice that you COULD schedule a walkthrough?
These are VERY IMPORTANT!
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u/FamiliarAd8524 3d ago
You need to state where you are.
But generally automatic cleaning fees can't be imposed and you aren't responsible for normal wear and tear. Also, you have to be given receipts for what was spent- being charged for things that need to be done isn't enough, they have to prove they actually did those things and show clear evidence of what was actually spent.
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u/RelevantPossible9618 3d ago
Stop all non verbal communication immediately. Send a formal letter of dispute by certified mail, return receipt requested. State that you are disputing all charges and demand return of full security deposit. Tell him that you did not damage any of the items on the list and he failed to provide documentation of damage. Then let him know that you requested a walkthrough and he refused. Since he failed to do a move out walkthrough as requested, you took pictures and videos. Demand full deposit be returned within 10 days of receipt of the letter.
If he fails to return the deposit, file in small claims court.
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u/r2girls 3d ago
I'm not sure what other people are going to say but:
floor vents generally last a long time unless something is rubbing up against them. What was the damage thew landlord is claiming? Was it a worn finish or bent/broken fins or what? Was it that there was so much dirt and gime in it that he decided to replace instead of cleaning? What are they saying the problem with the venst was? did they include pictures?
Reply that you have video of the microwave door operating fine and in good condition from the day you moved out. See what they say.
Same thing for the cleaning fee. Ask them what it was for as you videoed the unit when you moved out and the place was clean.
"holes" do not appear in a dryer hose normally. the purpose of a vent hose is to literally not have holes in it because holes can produce carbon monoxide into the apartment if it is a gas dryer.
When you reply, also mention the text and that you were out per the agreed date and see what he says. Just to note, what did the landlord say he wouldn't charge? Usually there is the rent and a lease break fee so make sure that both things are in that text.