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    Default Landlord Wrongfully Withholding Security Deposit And Demanding More Money

    Myself and three other roomates signed a one year lease for a house that included a inground swimming pool, a prime reason we wanted the place. After moving in we find that there is 3 feet of leaves, dirt, and random objects at the bottom of the brown colored water. In the lease it says that our landlord has no responsibility for the pool. He told us we were responsible to pay a pool company to open it up for the season, our location being in a long snow winter region. Given the estimate we decided to clean the pool up ourself before they opened it. What we found was a long period of build up of everything that you could imagine in that pool from atleast a year of not being covered or taken care of, the pool company has records of it not properly closed. So we cleaned it all out and even pumped the water out so we could just fill it with clean water. After filling it the pools water level began to sink. So our efforts uncovered a long existing problem that he now says we are responsible for.
    Prior to moving out we asked him what we needed to do to get our security deposit. We did as we were told so we moved out. We kept in touch with him on the phone finally we set a date to get our security back. The day before our meeting I recieve a document in the mail stating we owe him 3600 dollars for the pool lining plus things that fell apart that were never fixed, after deducting our original security of 1600 he says we owe him 3000.
    Depreciation on pools is 10 years and that pool is close to that age I believe. I am in the process of filing papers for court to retain our security deposit minus a couple of small cost items on his list. This guy doesnt want to pay for repairs, he is making us now take care of them as we "damaged them". What do you think we should do?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,633

    Default Re: Landlord wrongfully withholding and claims to be owe more money

    If it were me I would sue for the return of the deposit.

    As you probably know, laws vary by state and you didn't disclose where this happened, so I suggest you research the security deposit laws for your state.

    The pool guy can probably serve as a witness to the state of neglect of the pool, and how it isn't your fault that the liner failed.

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