Keeping security deposit

[Stephanie G.]

I moved from our rental in Feb. i rented for 7 years.   I paid a $1400 deposit along with a $500 refundable pet deposit.   
Before leaving, I notified my landlord in writing that there was a door sticking, slow leaking faucet and a garage door issue.   She never came or acknowledged this letter.   I thoroughly cleaned the unit and took many pictures. 

She is now sending me a bill that she is keeping my $1400 deposit due to a thermostat issue, door knob replacement and window damage.  And, now all of a sudden, she is keeping my pet deposit stating it is now non-refundable with absolutely no pet damage.  

The window is from water damage as the window takes on water and I called her during a rain storm to let her know.  They never came to see the windows.  She is billing me an additional $1400 for repairs.   And some of the billing is not for anything she is accusing me of.  She is also not counting the $500 refundable pet deposit.  She’s giving me 2 weeks to pay or suing me!

I don’t know what to do but feel most of these things I didn’t do and have pictures to prove I left the place in excellent condition.  

Would love any advice.  

[Greg M.]

Document everything. Send her notice with pictures by Certified Mail disputing everything and demanding a return of both deposits. FYI, generally a pet deposit can only be used for pet damages. Give her 10 days to return the money or notify her that you will be taking legal action and seeking the original deposits plus an additional 2X as per Chicago law..

If she sues you, file a countersuit. These will be heard at the same time. If she doesn't sue and just keeps the money, file against her in small claims court for the original deposit plus 2X that.

[Rosa Regier]

Do an online search for a tenant's rights council/advocacy group in your city who can take a closer look at your situation. Tenant/Landlord laws & ordinances differ by state with potentially additional rules by each city.

[Arthur S.]

Quote from @Stephanie G.:

I moved from our rental in Feb. i rented for 7 years.   I paid a $1400 deposit along with a $500 refundable pet deposit.   
Before leaving, I notified my landlord in writing that there was a door sticking, slow leaking faucet and a garage door issue.   She never came or acknowledged this letter.   I thoroughly cleaned the unit and took many pictures. 

She is now sending me a bill that she is keeping my $1400 deposit due to a thermostat issue, door knob replacement and window damage.  And, now all of a sudden, she is keeping my pet deposit stating it is now non-refundable with absolutely no pet damage.  

The window is from water damage as the window takes on water and I called her during a rain storm to let her know.  They never came to see the windows.  She is billing me an additional $1400 for repairs.   And some of the billing is not for anything she is accusing me of.  She is also not counting the $500 refundable pet deposit.  She’s giving me 2 weeks to pay or suing me!

I don’t know what to do but feel most of these things I didn’t do and have pictures to prove I left the place in excellent condition.  

Would love any advice.  

I agree with Rosa, check what the local rules are regarding normal wear and tear deductions.  I found this article that may help:
https://ipropertymanagement.co...

Good luck!  

[Richard F.]

Aloha,

Hopefully you also have copies of the letters/emails you sent notifying of the issues, or better yet, you sent them "Certified Mail, Return Receipt Requested", in which case you will have their signature proving receipt. Do you also have your original Rental Agreement with the "refundable" pet deposit clause?

Unfortunately, most tenants never take things seriously and rely on phone calls and text messaging rather than documenting actual "evidence" to protect themselves with, "in case". There are far too many slumlords that only care about the almighty dollar and throw ethics out the window. To be fair, it might also be that these type of issues were covered in the Agreement you signed, but perhaps did not read/comprehend at the time, and you actually could be responsible. Based solely on your descriptions, NO tenant of mine would be charged for those issues.

Odds are, you will need to file a suit in small claims court, which is typically very inexpensive (under $50), and you are NOT required to have an attorney. Depending on local law, the LL might be represented by an attorney, or not, but either way the proceedings are much more informal and essentially you each make your statement and provide your evidence to the Judge, and the Judge may ask questions or give instructions. Sometimes you are referred to "mediation" where the LL and you sit down with a third party to try to negotiate an acceptable resolution. If unable to, you go back before the Judge, who WILL settle it.

[Theresa Harris]

Document everything and send her a copy of the lease which stated that the pet deposit was refundable.  Tell her you will see her in court.  Stick to the facts, do not let it get personal and document everything.

[Nathan Gesner]

Quote from @Stephanie G.:

I agree with the others. 

Many private Landlords are unscrupulous. They will keep the entire deposit for fake reasons, knowing that most renters will never push back or take them to court.

If you have documentation of the condition, this is worth pushing back. If it ends up in court and you win, you may be awarded 3x the amount. But the truth is, the owner doesn't want to end up in court so they will typically negotiate a return of at least a portion of the deposit.

Here's a summary of Chicago law: https://bc-firm.com/chicago-se...

[Mark Ainley]

@Stephanie G. couple questions assuming you rented inside the city of Chicago:

1. did that letter get to you before day 30 after your lease that included proof those funds held were used with receipts?

2. Over the 7 years do you know what bank the deposit was held at because it was stated in the first page of your lease?

3. Each year by day 30 of anniversary of your move in date did you receive interest for your deposit?

If any of these three items are not true 100% you have leverage to have a conversation to her about how this will go down next.  

[Stephanie G.]

@Mark Ainley.  Unfortunately, we are in a suburb. 

[Mark Ainley]

Cool County or DuPage?

[Stephanie G.]

@Mark Ainley.  Unfortunately no.  I’m close to Cook but not in Cook.  Or Dupage.  

[Mark Ainley]

@Stephanie G. I will send you a DM

[Bob Stevens]

Quote from @Stephanie G.:

I moved from our rental in Feb. i rented for 7 years.   I paid a $1400 deposit along with a $500 refundable pet deposit.   
Before leaving, I notified my landlord in writing that there was a door sticking, slow leaking faucet and a garage door issue.   She never came or acknowledged this letter.   I thoroughly cleaned the unit and took many pictures. 

She is now sending me a bill that she is keeping my $1400 deposit due to a thermostat issue, door knob replacement and window damage.  And, now all of a sudden, she is keeping my pet deposit stating it is now non-refundable with absolutely no pet damage.  

The window is from water damage as the window takes on water and I called her during a rain storm to let her know.  They never came to see the windows.  She is billing me an additional $1400 for repairs.   And some of the billing is not for anything she is accusing me of.  She is also not counting the $500 refundable pet deposit.  She’s giving me 2 weeks to pay or suing me!

I don’t know what to do but feel most of these things I didn’t do and have pictures to prove I left the place in excellent condition.  

Would love any advice.  

 Sue her 1st!!! The 1st one to file " wins" . and the other person is now on the defense. You were a 7 year tenant and she is busting your chops, she is a total POS . 

Good luck 

[Ned J.]

Unfortunately a lot of LL will try and make the tenants pay for normal maintenance stuff. Deposits are supposed to be used for repairs the tenant created.... not just happened when they were living there. Unless you created the leaking window or failed to notify the LL and that delay resulted in even more damage, then those costs are not on you. 

If you lease states the pet deposit is refundable, then she cant change that on a whim.

A lot of LL will also just keep the deposit and see what the tenant does.... do they just cave... or do they fight. They add on with threats of suing you for even more $$ with the hopes you think its best to let it go and "cut your losses".

If what you stated is true.... and have the documentation to back it up, I'd tell her to pound sand and "I'll see you in court".....

[Charles Sotelo]

@Stephanie G. I have something that would be perfect for you. If you don't know all the ins and outs of self-managing.

[Stephanie G.]

@Charles Sotelo. Yes, please explain. 

[Jonathan Klemm]

Hey @Stephanie G. - Sorry to hear about these unfortunate circumstances.  Sounds like you are in a pickle, but you connect with the right person, @Mark Ainley won't steer you wrong.

If you were in Chicago - cook county I think you'd have more leverage.  Sounds like you are a good person and doing things the right way, so that will definitely come back around whether now or later.

[Stephanie G.]

@Jonathan Klemm.  Thank you Jonathan!  We believe that, also.  And yes, @Mark Ainley gave solid advice.  So appreciate of everyone here that reached out with advice. 

[Marci Stein]

What does the lease say regarding pet deposit? Does it specify it is non-refundable?

If not, I think you can expect it back if there’s no pet damage . that’s what a security deposit means