security deposit , landlord trying to be thief?
What proof must a landlord have to deduct from your security deposit ?
if the landlord does the work, can they charge you for there work.
what if they have no reciepts ?
- 9 years agoFavorite Answer
What was landlord's claim why there was a a deduction from your security deposit?
Is there proof of claim - Documentation?
If the landlord claimed to do work - why was work completed? - Were you provided notice?
If they cannot substantiate their claim, your remedy is small claims court but beware solid documentation will be needed to justify your claim.
- 9 years ago
I think it depends a lot on where you live, but in most cases they get to decide how much they're taking out of your deposit.
If you think you're being unfairly charged and your landlord won't budge, the only real recourse you have is to take them to small claims court. If your apartment was in great shape when you moved out (and you can prove it) and your deposit isn't being returned, you probably have a case, or if the place was in the same shape when you moved in as it was when you moved out.
In this case, the burden of proof might be on the landlord, especially if they didn't do an inspection at the beginning of the tenancy.
Keep in mind, though, your entire security deposit is almost never returned because landlords will use some of it to clean the place up and make routine repairs. That should be a set amount that was specified in your lease.Source(s): Experience, sadly.
- TroubleLv 69 years ago
A smart landlord will have pictures/videos prior to your moving in and after you have moved out. A smart landlord will have prior receipts for improvements and upgrades (carpet, flooring, appliances, painting, etc.)
Some states allow a landlord to charge for his own labor ... others do not. In the states that landlords cannot charge for their own labor, they can charge for material and supplies to do the repairs.
The landlord may not have to provide you with receipts ... some states require them too, others do not.
- acermillLv 79 years ago
Of course they can charge for their labor. Do you expect him to do the work for free ? As well, only a few states require receipts for repair products. Most do not.
- How do you think about the answers? You can sign in to vote the answer.
- dudeLv 79 years ago
yes, they can charge for their work.
The bottom line is moral, rather than technical. Did you you leave the apartment the way you found it, minus only normal wear and tear?
If so, go to small claims court.
If not, move-on.