I am so peeved...any lawyers out there?? Need advice...

[grannylib]

Just been totally screwed on getting damage deposit back from former landlords...they are charging us labor to clean what was already cleaned, paint costs to repaint what we had permission to paint, and other sleazoid crap....
I am just so pissed off...
Anyone know if there is anything I can do??
We provided 4 years of free storage for their "piano" (read, firewood on wheels...unplayable...) and installed $100 worth of miniblinds and improved the value of their property by about $2k (per the estimate of the realtor who helped us write PA on our new house...)

MAN I am just PISSED!!!

[Frangible]

1. Small claims court I think

IANAL though!

[onebigbadwulf]

2. Not much

you can do now, just a live and learn thing for next time.

As far as I know, if it's not in the lease contract, the landlord can take anything he wants out of your deposit he can produce a receipt for.

[grannylib]

5. Including $30/hour for LABOR??

[mulsh]

9. I'm not sure you should do this but...

years ago a landlord tried the same thing with me. I expalined to him that he was free to keep my deposit just as I was free to slap a lein on his property, I also was free to slap liens on all his other rental property in the area, ( he owned 3 other apartment buildings in the neighborhood). have a nice day. besure to call me if you need to make any improvements.
at the time, the early 90's, I had heard about right wingers using that same tactic with womens health clinics.
I got my deposit back. the building manager, a close friend, still laughs about it.

[grannylib]

13. hmm..interesting thought! Thanks - will check it out!!

[newyawker99]

17. Hi Mulsh!!

Welcome to DU!! :toast:

[ozymandius]

10. It really depends on state's law.

Some states are very tenant friendly. Some lean way to the side of the landlord. A local attorney would know how to help. Advice here may help you strategize.

[thebaghwan]

3. Not an attorney but I am a paralegal and I will try to help you.

When did this happen and in what state? Is therte some way we can get ths off of DU and discuss one on one?

The Baghwan

[grannylib]

6. feel free to e-mail me through link at top of post...

and thank you very much in advance!

[SOteric]

4. I have successfully taken an ex-landlord to small claims court

and recommend it. It's not a complicated process, but you'll need to have your ducks in a row. Have whatever documents and photos are available to support your case. Your local chapter of the Landlord/Tennant association can help. Ours has a website with lots of useful information that helped me determine that I did indeed have a case.

[grannylib]

7. Good suggestion, thanks I will see if we have any such association...

[Boudicea]

8. I believe they are required to hold your deposit in a ...

non-interest separate account from their personal funds. I had this happen to me (in TN) and when I asked for proof of this, they refunded my deposit. Good luck.

[Ishoutandscream]

11. My lawyer is currently dancing around a tree

Sorry, couldn't resist.

[emulatorloo]

12. File a small claims case and then go on Judge Judy

I am serious; if it is as you say, you could get justice quicker than in yr regular court.

http://www.judgejudy.com/submitcase/submitcase.asp

[grannylib]

14. Just talked to former LL on phone and reamed a$$,,,I feel a little better.

Also went over to house to warn current tenants so they won't get taken to the cleaners (literally!) the way we were...
Man, sometimes we liberals are just too trusting...

[emulatorloo]

15. You will be better off in court if you keep your cool with them

How will you look if they produce a recording of that call in court? Always deal with them in a rational cool manner, no matter how difficult it is. . .you don't want to give them ammunition that you are irrational, crazy, aggressive, etc. Believe me they will try to spin any anger you have that way.

[grannylib]

16. Agreed...should have used other terminology...

I called and expressed my outrage without swearing, threatening or any of that...just told them I was extremely upset about this and that I expected a full accounting with receipts and some justification for the outrageous labor charges.
I agree, won't do me any good to blow my cool completely...thanks for the reminder!!

[emulatorloo]

18. Let us know how it works out

And best of luck!

[dpbrown]

19. Check in with Tenant Advocacy Groups

Minnesota Tenants Union:
http://www.solutionsfund.org/Members/individualmembers/mntenants.htm

Minnesota Resources for Renters:
http://directory.tenantsunion.org/minnesota.html

Hope you get your deposit back!

Dan Brown
Saint Paul, Minnesota