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  1. #1
    Join Date
    Jul 2017
    Posts
    2

    Unhappy How to Get a Security Deposit Returned and Fight Excessive Charges

    My question involves landlord-tenant law in the State of: Tennessee

    We are 22 days post move out of our previous rental and 15 days passed since the out day (we allowed time to get moved in to the new place and go and clean the old top to bottom). 5 days after the final day we rented we went into the house and made a video and locked the keys in the house because they would not respond to any messages about doing a walk through or meeting up to surrender possession of the the house and we didn't want to be held responsible for the property any longer than our out day. The landlords continued to ignore our requests and messages to do a walk through until yesterday (14 days since last day). We went to do the walk through and were shown a 2 page list of damages they are claiming against us but barely showed us anything in the house.

    Conveniently they did not have a copy of the list for us to take and did not give us the one present saying they had already emailed us one and would do so again. I have still not received a list in the email. On top of all this they have already started making changes and repairs to the home. ripping out flooring and even pulled things off the walls creating their own damage. So they did the walk through after making alterations to the property. The majority of the list is bogus or were pre-existing conditions of the house.

    Our lease stated we were moving into the house as is but there was no pre move in inspection or check list and to my knowledge there were no pictures. If pictures were made they were not included in the lease. The few damages on the list we did cause we will not fight but the stuff we didn't do we will. examples of false charges are "cleaning a fly infestation" there were no flies while we were there I assume they came in as we had doors open moving and set up shop in the time the house sat before anyone went in. We have had 3 inspections of the house plus they came in and made pictures when they listed it to sell. They never had any problems with the house at these points and one of these was done only 3 months before moving. They also told our new landlord we caused no damage to the house he told us when we moved in here. Lying to get us out would not be a reasonable argument because they were selling the house we were leaving either way.

    They also want to charge us for having to mow the grass since we moved out, obviously that is not our problem. Other false charges are things that were preexisting. I guess my question is do we lawyer up, do we get a lawyer before we argue what we won't pay for or let them know before we have a lawyer? With them refusing to produce a list it makes it hard to do anything.

    The current list doesn't have prices as they "are still getting estimates and hiring people" but shouldn't they be finding out what we are agreeing to before they hire? We didn't sign anything. We just don't know what our next step should be. Our security deposit and pet deposit came to $1885 but they are presenting a 2 page list that I would not be surprised if they try to come at us for several thousands of dollars.

    What is our best next step?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Landlord Refusing to Cooperate 21 Days Post Move Out

    Small claims court.

    Read the security deposit statute:

    https://www.tn.gov/lawsandpolicies/a...urity-deposits

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Landlord Refusing to Cooperate 21 Days Post Move Out

    Quote Quoting adjusterjack
    View Post
    Small claims court.

    Read the security deposit statute:

    https://www.tn.gov/lawsandpolicies/a...urity-deposits
    Yep, do not wait for any more information from then, just do it.

  4. #4

    Default Re: Landlord Refusing to Cooperate 21 Days Post Move Out

    They need to wait the full 30 days before proceeding to small claims court.

  5. #5
    Join Date
    Jul 2017
    Posts
    2

    Default Re: Landlord Refusing to Cooperate 21 Days Post Move Out

    We aren't even necessarily trying to get our deposit back. if something comes back that they legitimately get that then that is fine we just have to fight the false claims against us too. Just without them giving us any kind of list to go off of we don't know what we will be fighting. I guess we need to wait the 30 days if that is what they are allowed to compile a list.

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