My landlord is taking my deposit unfairly. What can I do? Do these things make any difference?

He agreed to mow. Which was not in the contract. After the last two months of living there, I had weeds up to my waist in the side yard and clover to my knees in the front yard, and he knew about it. He also left our front door's pneumatic cylinder broken on our front door for over a year, not replacing it while we were there, and he knew about it. But little things like that are not in the contract. To me, it seems like the landlord has a job to keep the place up, but he didn't.

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  • 3 years ago

    You can call the city about the unmowed grass. They come out and mow it, and fine the landlord. Call your city.

  • Anonymous
    3 years ago

    Law and Regulation Questions 

    Laws are different depending on where you live. When asking questions about law, you need to state the applicable city, county, state, and/or country and age. If a regulation you may need to give program name. 

    Please update your question (the edit button below your question) and not in a comment to my answer, so others will see it.  (On a mobile device touch the three dots upper right corner and switch to desktop then edit.) Please use the details button to add to your question, when asking a question to expand your question when asking.

    That being said you can sue in small claims after you send a demand letter.

  • 3 years ago

    You are moving and your landlord is keeping all or some of your deposit. You are equating your landlord keeping all or part of the deposit with the fact that the yard was not mowed.

    This might not be true, as there might have been damage found in your rental unit and this is the reason your landlord is keeping all or part of your deposit.

    Normally you would be given a list of items that were in need or repair, with a total cost of the repairs. You might want to inquire from your landlord as to why you have not received the listed items in need of repair and the cost.

    All the past repairs are just that in the past. They should have been solved before. Your bringing them up now has nothing to do with the return of your deposit.

    I hope this has been of some benefit to you, good luck.

    'FIGHT ON"

  • 3 years ago

    Did you agree this in writing? If not - it's still your responsibility.

    Did you contact him IN WRITING to ask him to mow the lawn, or fix / remove the cylinder?

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  • Kini
    Lv 7
    3 years ago

    Are you saying he is keeping your deposit wrongly? What are you asking? Next time make sure what you are getting into by having everything in the contract. If it is not in the contract landlord is not liable for the yard work. You could have fixed your front door cylinder and deducted it from your rent if it was an issue of safety.

  • 3 years ago

    Yard maintenance is YOUR responsibility unless it is in the contract. Despite that he initially agreed to do it, he changed his mind or forgot and you agreed to do it yourself, even if you forgot about it until after you signed the contract. Without a clause in the contract that states that he will do it, it is your responsibility. He can evict you for failure to maintain the yard so hope that the City does not come around and fine him and order him to do it. The fine will be yours and you will have to do it or be evicted and the expense will be yours in the Judgment against you. Make sure next time that any deviations from a standard contract are "written in" by hand. Otherwise, you don't get them. Lack of a pneumatic cylinder is an inconvenience, not a necessary repair. You can still live in the unit without it. If you plan to stay there for a while, splurge for it yourself.

    Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
  • 3 years ago

    he might be doing that to get paid for doing that

  • 3 years ago

    Yes, it is the landlord's responsibility for upkeep (unless otherwise in the lease). However, it is also up to you to note what repairs are needed in writing and sent to the landlord. The fact that you think he knew about the pneumatic tube is not enough - you should have reported it. However, none of these things indicate he is trying to take your deposit illegally. How is he trying to take teh deposit and why do you believe it is unfair? If you are moving out, did he provide a list of the damages and repairs you are being charged with? If so, are they accurate? If not, you may have to sue in small claims court.

  • Judy
    Lv 7
    3 years ago

    Were there any damages that YOU did? Did he give you an itemized list? If so he can take it, and you can't get off the hook because he didn't do some of the things he should have.

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