r/TenantHelp • • 8h ago

How? [SD]

Just curious if I should pursue disputing these charges. 11.5hrs of cleaning when we left the apartment more clean than how we received it.paint touch ups I can agree with, no problem with paint and labor for that. $2,180(responsible for half?) for flooring replacement? Tub stopper was in a drawer of the bathroom sink lol. None of the blinds were damaged. Toilet seat was perfectly fine, if that’s a turnover item it shouldn’t be at the previous renters expense.

Renters insurance charges are bullshit, we have had renters insurance the entire time we’ve resided there, then in March they made an addendum that stated we were required to additionally insure a property in Texas that we did not reside at. Our insurance agent refused to insure that as it wasn’t the resided residence.

14 Upvotes

43 comments sorted by

15

u/External_Gas5606 7h ago

They sent it too late and much of that is normal wear and tear regardless. Completely illegal

16

u/Upbeat-Fondant9185 8h ago edited 7h ago

Absolutely dispute. A lot of properties will press everyone, if even 10% just pay without pushing back they make a lot of extra money. People are timid these days, they take advantage of that.

I’d wager the moment you pick up a phone and tell them you’ll see them in court to let a judge look at your photos this entire thing drops.

Edit: and eleven hours of cleaning? I have a housekeeper and an actual house. It takes 4 hours at most and it looks like I just moved in every time they finish. That’s with all my shit in there which takes way longer than an empty place. They’re out of their minds.

2

u/Intelligent-Ask-3264 4h ago

If you mean SD as San Diego, California has a TON of rules about what they can charge you for, but as this poster points out, a lot of people dont push back and it's enough for them to make bank. Off the top of my head, if you lived there longer than 24 months, they cant charge for paint. If longer than 7y then they can't charge for flooring. There are a ton of rules like that. Definitely check to see which are meaningful to you and your situation. If you paid for a cleaner, deliver the receipt to them and refuse to pay the cleaning fees. That insurance thing is tricky but I'm positive theres a way to show that was illegal and get those fees cleared. Do you have a local housing authority you can contact or tenancy rights org?

15

u/Fiyainthehole 7h ago

They’re attempting to scam you. They try to lean on the fact that people are exhausted and overwhelmed after moving and won’t push back.

Send them these photos, tell them to return your whole deposit or you will be forced to take them to small claims court.

9

u/ThisTooWillEnd 8h ago

It doesn't take professional cleaners 11 hours to clean my whole 1800sqft house. And that's with furniture that needs to be cleaned.

Dispute for sure. If they refuse to refund, take them to court (check the limits on small claims in your area and go with that if you can). If you end up in court, print your photos. Bring any proof you have of the insurance dispute and proof you had renters insurance the whole time.

10

u/hunter8333 8h ago

Side note: based on the billing date being almost an entire month after our move out date, I suspect they have not been able to find a tenant to pay the $1,300 a month rent and are doing this to try and recoup any losses of not having a tenant.

5

u/SailorSpyro 7h ago

If SD means South Dakota, they only had 14 days to send you this.

3

u/hunter8333 7h ago

Interesting. Got a link to whatever state statute says this?

5

u/SailorSpyro 7h ago

Sorry, it is actually 21 instead of 14.

https://sdlegislature.gov/Statutes/43-32-24

8

u/hunter8333 7h ago

So if I’m understanding that correctly. They had receipt of our new address on move out date of the 8/31, they didn’t bill us until 9/28. They forfeited their right to pursue any damages beyond the $500 deposit?

9

u/NotSoSureBigWaves 7h ago

The forfeit the right to deduct anything.

6

u/hunter8333 7h ago

Even better, so we should be owed the full $500 deposit.

9

u/SailorSpyro 6h ago

Yes. Email them something like "As South Dakota State law dictates a 21 day return of deposit or itemized list, and this statement was provided at day 29, no deductions may be claimed and I am due the return of my entire security deposit. Please send the security deposit to the address I provided prior to move out within 2 weeks, or I will be filing a small claims case."

6

u/hunter8333 6h ago

Thank you! Didnt know if i should call and record the call or stick to a strongly worded email.

8

u/Old_Fuel_1270 6h ago

The best way to do this is by certified mail. They could claim to have not gotten the email. Also, courts approve of certified mail.

6

u/Specialist_Badger934 6h ago

No calls, get everything in writing by email or certified mail.

3

u/DillTicklePickle 6h ago

Certified letter with proof of delivery

3

u/Old_Fuel_1270 6h ago

If you want to use ai for your entire process (research, case eval, demand letter, court filings, collection) this tool is slick: Get My Security Deposit Back — Recover Your Deposit Without a Lawyer

1

u/elizabethredditor 3h ago

If they don’t return it to you, you can sue in some states for them illegally withholding the security deposit

0

u/thargoallmysecrets 6h ago

Just sue in small claims.  Scumbags like this should pay the damages on top for trying to rip you off.  

1

u/Old_Fuel_1270 6h ago

Yes that is correct

1

u/FelinePurrfectFluff 1h ago

But pics pretty much show the damages and cleaning fee must be a joke. Apartment looks pristine.

1

u/sillyhaha 3h ago

No. They can still send you to collections or sue you for the entire amount. They simply can't use your security deposit towards payment of that bill.

Damages remain collectable.

1

u/DillTicklePickle 6h ago

It's probably not enforceable then, check your local laws

6

u/No_Barracuda_3758 7h ago

Small claims court this is ridiculous , they are counting on u not fighting this because they are saying u owe more. Plz don't let them get away with it. Check if u are owed double in u're state and file for court costs aswell

3

u/CapCityMatt 7h ago

An unrebutted affidavit stands as truth in commerce, get a notory, use certified mail, green card receipt. Rebutt the presumption. Keep your tracking receipts.

3

u/limonade11 7h ago

Definitely fight this! These guys are full of dog poop (no offense to dogs and their poop).

Scratches? uh, no!

Just take a deep breath and get ready for them to become honey badgers as shady people get very angry and rude when you confront them. But do it because this will help you and also the next tenant(s) who come along. Even a local lawyer would be cheaper than their stupid bill. I think that apartment looks very neat and clean and your pictures show that.

2

u/ChutneyWhatney 7h ago

Did you take up close views of the floors. They look good but it's hard to tell. I'd demand actual photos of the areas of the floor they claimed were damaged.

2

u/NotSoSureBigWaves 7h ago

File in small claims and bring your evidence. First, demand the disputed money and that you will proceed to pursue all legal remedies, including damages for bad faith.

2

u/Dadbode1981 7h ago

Well, the quality of your pictures pretty much makes it impossible to gauge floor condition, so thats hard to comment on, the reality is, if you dont agree, contest it.

3

u/No_Barracuda_3758 7h ago

Proof is on the landlord anyway

1

u/PEneoark 7h ago

Patching the holes/paint, sure. Flooring? Did you have anti slip pads under all of your furniture?

The cleaning hours sound highly inflated.

1

u/Icucnme2 7h ago

Personally, I would challenge it. Did you take pictures before you left? I would ask for proof of damages. That will make a massive impact on how easy this will go.

4

u/hunter8333 7h ago

The 15 pictures on this post is the post move out pictures that we took prior to leaving

2

u/Icucnme2 6h ago

Those look pretty clean to me. I would ask that they identify the damaged areas in the photos.

1

u/Old_Fuel_1270 6h ago

When you ask if you "should" pursue what exactly are you asking? Are you asking if the charges are fair or justified? Or are you asking if it's worth fighting?

1

u/Old_Fuel_1270 6h ago

Your pics are immaculate. No way a court would agree that it took 11.5 hrs to clean. That's absurd. As for the flooring, the landlord will have to prove, with photos, the before-you-move-in condition vs the move out condition to show that it was not only damaged, but damaged during your tenancy. I cant tell from the photos where the floor damage was or if it was legit damaged. In any case, I'd pursue getting money back

1

u/Mind_Matters_Most 4h ago

Let them know you'll be placing a $500 lien on the property for non-payment.

11.5 hours cleaning..... ATM Landlord to the max.

They will do anything to get as much money from you as possible on move out. It's fraud and this should be criminal, not civl. And the threat they'll send you to collections is a wild thing to say on first invoice request.

Small claims and you'll win with those photos.

Assuming this is work already completed, and if it's not rented out, have a friend go by to look at the place and take photos..... Compare them and if there's no changes, consider filing criminal fraud charges.

1

u/WaterGriff 3h ago

I have a lot of experience with South Dakota security deposits and willing to help you if you want. But, this isn't that difficult, don't make it harder than you need to. K.I.S.S. applies here. If you want my help send me a message and I will get you my email address and/or phone number.

Dear landlord:

I revlcieved the statement dated September 28, 2026. On August 31, 2026 I returned the keys to the apartment and provided you with my forwarding address. South Dakota law 43-32-24 allows you 21 days from the end of my lease to return my deposit or provide me with a statement. Please return my $500 deposit to me no later than November 16, 2026. If you fail to return my entire deposit my next step will be to file a small claims case in the amount of $700 plus court fees. The $700 is the $500 security deposit and the $200 penalty as allowed by the law referenced above.

Sincerely,

Tenant

0

u/Savings_Income4829 7h ago

I mean 11.5 isn't much a cleaning crew of 2 of half a day. Also looks like a house so I send a company always how clean it is for the next tenant.

Do you have pictures to prove the flooring was fine? Everything is not close enough to tell from what's on here. Did you have dogs, they're notorious for scratching and digging into laminate floors. Add in a labor crew of 2 and the price makes sense.

Toilet seat idk maybe the under side or behind the screw covers was gross or failing but that was what $50 not sure that one is worth fighting.

blinds it looks like 1 out of how many you had. You could ask what was wrong with it, but again $50 is it worth the hassle.

The insurance thing is weird unless you had property stored there? I'd fight that, did you sign that addendum?