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  1. #1

    Default Won’t Give Deposit

    Arkansas resident

    I recently signed a lease, payed deposit(along with pet deposit) and rent.

    Earlier this month we went and looked at a house, decent, no major concerns. There were a few issues but landlord said they were going to be fixed eventually. The shower walls were to be replaced (water damage) and the laundry room pipes and electrical fixed. Perfect, sounds great. At the time we viewed the house, the landlords were living there. Fully furnished and decorated. They said when they moved out they would hire a cleaning person, they would clean and it would be ours June 1st or earlier if they moved out sooner. Yesterday got they keys to start moving and we went over to take pictures of any damage before we moved in so we would have proof in the future when we moved out that it wasn’t our doing. The house was a mess, dirty floors and walls, strong cat urine smell throughout the house, mouse droppings in drawers, fleas bitting my girlfriends ankles non stop. There was extensive mold growth in shower on dry wall. There was a hole in the floor by the back door where you could see outside. Stains on the carpets. Dripping water heater flue with a pot catching water in closet. It was nothing like when we did the the walk through when we first looked at the house. The furnishings had covered most of the cosmetic damages and flaws, there was no odor when we first visited. Of course we didn’t move furniture around and look under things before we signed lease (wish I would have). I contacted land lord right away I get back “okay, you won’t get deposit back”. Great. Not long after she blocked us on Facebook which was our only means of contacting them. Am I wrong for expecting better living conditions. It was nasty, and this is after they had someone come clean it.

    lease agreement pertaining to deposit:

    Security Deposit: Upon the execution of this Agreement, the TENANT shall deposit with the LANDLORD a Security Deposit in the amount of $450.00, receipt of which is hereby acknowledged by the LANDLORD. This deposit shall serve as security for any damage caused to the Premises during the term of this Agreement. The Security Deposit shall be returned to the TENANT, without interest (unless municipal code otherwise requires), and less any set off for cleaning or damage to the Premises upon the termination of this Agreement. The Security Damage Deposit may not be used to pay rent or other charges while the TENANT occupies the Premises. No refund of the Security Deposit shall be made until the TENANT has vacated the Premises and same have been inspected by the LANDLORD. The return of a Security Deposit shall occur within 30 days after the TENANT vacates the Premises

    ​Any help greatly appreciated

  2. #2
    Join Date
    Mar 2013

    Default Re: Won’t Give Deposit

    You'll have to sue in small claims court for your deposit back. No way to predict how that will turn out.

    Life lesson from the school of hard knocks:

    NEVER hand over any money or sign anything until the rental is turnkey.

    That means empty, clean, in good repair and ready for move-in right then.

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