Cricket Posted June 13, 2008 Share Posted June 13, 2008 Does anyone ever get their security deposit back? We signed a one year lease on a house but had to move out three months early because of a job change. We honestly didn't think the landlord would re-rent the house so we figured we would have to pay the last three months of rent. We asked for a week or so before she listed the house so we could move out, get the carpets cleaned, touch up the walls, etc. She waited one day before calling us and telling us that three people wanted to see the house. Now even though we paid for the month of June, this new person is moving in on Monday. She said we would get half our rent back for the month but I don't think we will see any of our security deposit back. We haven't had time to clean anything yet so she wants to hire a maid service, landscapers (because there are some weeds in the non-landscaped, dirt backyard) and painters because there are some handprints on the walls that I haven't had time to wash off yet. And the tile floors need to be steamcleaned. That sounds a little like overkill to me. Oh well. I should just be grateful we don't have to pay the rest of our lease. :) I think we will still ask for an itemized statement for what our security deposit paid for. Legally, she has to provide one within 14 days or else return our deposit. (I have a feeling her brother will be doing all the work for her.) :D I guess I just feel liked I'm being pushed and pushed when we told her we wanted until July 1 since we had paid the month and that would have given us time to get the house properly cleaned. Quote Link to comment Share on other sites More sharing options...
Sandy in Indy Posted June 13, 2008 Share Posted June 13, 2008 I'd be unhappy if I were on your side of the problem...you did pay for the month and should have had possession of the property for that time. As for the deposit, a lot depends on the terms in your lease. Is there a clause that says you forfeit the deposit if you end your rental early? Quote Link to comment Share on other sites More sharing options...
Elaine Posted June 14, 2008 Share Posted June 14, 2008 How frustrating! You may want to check, I think that it may vary from state-to-state but, if she didn't deposit your security in a bank account you may be entitled to double your security back. Hope the rest of your move is a lot smoother.:grouphug: Quote Link to comment Share on other sites More sharing options...
Storm Bay Posted June 14, 2008 Share Posted June 14, 2008 We've always received our damage deposit down, although once we had a small deduction taken from it because the people who helped us move didn't wipe their feet well and dirtied the carpet on the stairs. I thought the deduction was fair, but dh didn't, but it was the first time either of us hadn't got our entire deposit back. Do get an itemized receipt, since they did rent the place. We did get ours back when we broke a lease early, but we'd lived there about 5 years and the landlord had found a new tenant. However, if you break a lease early there may be some clause that states you forfeit the deposit. Although I've been a tenant most of my adult years, I try to see things from both sides. It can be very, very, very hard to see the landlord's side, though, especially when you are a clean, quiet tenant who cleans and repairs anything beyond normal wear and tear. Plus, we ALWAYS take everything out, and it's amazing how many people leave junk, and sometimes good things, behind. And how many tenants leave places dirty or filthy. Dh paints apartment turnovers at 3 places and has seen a lot! Quote Link to comment Share on other sites More sharing options...
Harriet Vane Posted June 14, 2008 Share Posted June 14, 2008 It is totally standard to clean, shampoo carpets, and paint between tenants. She cannot charge you for that--you are allowed "normal wear and tear." She can only charge you for things broken or altered beyond normal wear and tear--like a broken lamp fixture or door or something. Plus, I doubt it is legal for her to collect rent from both you and the new tenant. If you have paid rent, you have occupancy for that month, whether or not you are physically staying there. No one--including the owner--has any right to be in your unit while you have occupancy (except for emergencies or by private arrangement with you--even the landlord has to ask permission before coming in). Check the law and throw it at her--you will likely save a couple hundred dollars. Quote Link to comment Share on other sites More sharing options...
Mama Lynx Posted June 14, 2008 Share Posted June 14, 2008 Strider is absolutely right. And what I think some of the other posters are missing is that you're not breaking your lease ... although you're moving early, you intended to pay out your entire lease. The fact that she got someone to rent it before that time was up means that she is releasing you from the contract. I would raise heck over the way she's handling things. Yesterday I remembered how much of a security deposit we put on our current place - two month's rent worth! Yikes! I will be amazed to see any of it back. I think we have a very fundamental disagreement with our landlord over what constitutes "normal wear and tear" on carpet. :D Quote Link to comment Share on other sites More sharing options...
Scarlett Posted June 14, 2008 Share Posted June 14, 2008 This reminds me of the last place we rented before we bought our first house. It was a 2 bedroom duplex and we weren't allowed pets...but oddly we thought we could just ignore that and have a persian cat and a boxer pup. Anyway, the cat got a urinary infection and decided to stop using the litter box. He thought the carpet near the box was close enough. By the time we figured out he was sick the damage was done to the carpet. It was discolored and no amount of steam cleaning was a fixin it. For some inexplicable reason we thought it would be a good idea to spray paint the stain to try and match it back to the original color of the carpet. It actually lookedpretty good, but if you got near it, clearly there was something a miss because it was stiff as a board. Sigh. We didn't get a dime of our security deposit back. Just thinking about dh spray painting the carpet makes me ROFLOL to this day even though it has been 20 years. Quote Link to comment Share on other sites More sharing options...
ljf Posted June 14, 2008 Share Posted June 14, 2008 I wouldn't let the new people move in until after you have had the move out inspection noting any damage s/he plans to deduct for. You have the right to be present during this walk through. See section 33-1321C in http://www.azsos.gov/public_services/Publications/Residential_Landlord_Tenant_Act/#1323 Also, be sure to put your demand for the return of your security deposit in writing. Apparently Arizona law requires that you demand the return of your security deposit. This site give advice on how to get you deposit back: http://www.arizonatenants.com/library_secure.htm good luck Quote Link to comment Share on other sites More sharing options...
Cricket Posted June 14, 2008 Author Share Posted June 14, 2008 Thanks guys. It's nice to know I'm not totally whacked out in my thinking. :lol: I didn't think she could charge us to clean the carpets and for the normal wear and tear but I haven't found the Arizona law on that sort of thing. Dh has already told her what he thought of her idea to pay $300 to a landscaper because of a few weeds in the backyard. I think the stress is just getting to me. I want to be out of that house but with this new job, I'm manning the office here 9 to 5 five days a week and 7 hours on Saturdays. Add to that moving, a dh who has been sick for two days, 4 kids (two still doing schoolwork), and one landlady who calls me at least twice a day and I DON'T CARE!!! I'M TIRED!!! Too tired to even throw something. ;) But not too tired to LOL at Scarlett's dh painting the carpet. Now that is funny! So why am I on this computer at 11:30 at night?! Quote Link to comment Share on other sites More sharing options...
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