ExpertLaw.com Forums

Security Deposit Issue In Middle Tennessee

Printable View

  • 07-10-2007, 11:07 AM
    Smileytizz
    Security Deposit Issue In Middle Tennessee
    Hello,
    I live in Middle TN and on June 16th we moved out of a rental property because we bought our 1st home. We lived there 5 yrs and it was a MTM lease, upon moving in we paid a $600.00 Security Deposit and it was stated that once we moved out that if the house was in good shape that we would get our $600.00 back.
    Prior to moving in the LL put new carpet in because the previous tenants had left without warning and had poured battery acid all over the floors and left holes in the walls which the LL didn't fix. We didn't do a check list upon moving in of the damages.
    At any rate, we will have been gone a month on July 16th and still NO S Deposit. We gave the LL a 30 day written notice as well as a self addressed envelope to were the LL could send our money. Upon moving out I took pictures and advised the LL of 3 glass globes that were missing because of them breaking, other then that there was no other damage other then wear & tear. I called the LL 3 times asking when we might expect our Security Deposit and the 3rd time he hung up on me.
    The LL is telling me that there were 3 holes he had to patch which were from the previous tenants, we left about 10 drinking glass's in the cupboard, and he said that there were items thrown in the tree line in the yard in the woods that he had to haul off.
    I agree we left the drinking glass's by mistake but we never threw trash or anything out in the woods behind the house and we didn't cause the holes he is referring to.
    Ive been trying to get advice on this issue so I know what my rights are, According to Tn law the LL had 10 days from the time we moved out to send us a letter stating what damages he found and what amount he was going to deduct if any and we haven't received anything from him. Also, we were supposed to be informed what bank our security deposit was in and we were never told that.
    The bad thing for us is: We no longer have a copy of our lease, we don't have a copy of our 30 day notice, and we don't have rent receipts because he doesn't give them out, we dropped the rent off in a box outside his garage which was usually cash. I did take picture's upon leaving and I have 2 witness's I can take to court with me.
    Can anyone here tell me what my rights are and if I even stand a chance taking the LL to small claims court? I really need Help & Advice please.
    Thank You
  • 07-11-2007, 07:42 AM
    Mr. Knowitall
    Re: Security Deposit Issue In Middle Tennessee
    Sue in small claims court. Unless and until he documents his claims, the court is likely to order the return of your deposit.
  • 07-12-2007, 01:42 AM
    Smileytizz
    Re: Update...Security Deposit Issue In Middle Tennessee
    Here's an Update:
    Today I received a certified letter from the Ex LL with a check for $300.00 and my Security Deposit was $600.00. The unbelievable thing is the letter he sent along with it, he listed items he duducted with NO amounts next to any of them and some to me are unreal and should fall under normal wear & tear. Here is what was on his list:
    Inside Mobile Home:
    2 Broken Windows( 1 of which was like that when we moved in and 1 was shot with a BB Gun from outside-Not our fault)
    3 Holes in Walls(Caused by previous Tenants)
    Removal of drinking glass's
    Stain bottom of kitchen cabinets
    Glue cabinet tops in kitchen down
    Replace trim

    Outside Mobile Home:
    Clean debri from tree line/woods behind property
    Remove flower pot,bucket,birdhouse
    2 Cross ties missing(We bought about 10 cross ties to make a driveway with and we left them on the property and he is charging us because 2 are missing, He didn't buy them!! I don't understand this.
    Now im wondering should I take the $300.00 loss or still try to sue him in small claims? Thanks for the help and input.
  • 07-12-2007, 07:54 AM
    aaron
    Re: Update...Security Deposit Issue In Middle Tennessee
    That's your judgment call to make. It seems reasonable to assume your landlord is betting that you'll write off the $300 (or whatever portion of it you might recover in small claims).
All times are GMT -7. The time now is 10:35 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved