Landlord Wrongfully Retained Your Security Deposit? Fight Back!

Fight Back With a Well Written Letter - Sample Letters Included

By Lori Wheat, published Aug 27, 2007
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Do you think your landlord has unjustly retained some or all of your security deposit after you moved out of the rental? Before you write it off as a loss, consider composing a letter, or two if necessary, to your landlord disputing the retention of your security deposit.

The Clean Move-Out

A few years ago, I was moving out of a nice apartment building in the upscale Belltown neighborhood of Seattle, Washington, and into a more spacious and less expensive apartment in the cozy Nordic neighborhood of Ballard. Before returning the keys to my former apartment manager, I scrubbed, cleaned, and vacuumed so that the small studio apartment I had occupied would be at least as clean as when I had first stepped foot inside ten months before.

Despite my focused cleaning efforts, the apartment management decided to retain $50 for "carpet cleaning." I thought this was unfair. The only difference between the condition of the carpet from the time of move-in to move-out was ordinary wear and tear, and very little at that. I am a tidy person by nature.

Is it Worth Your Time?

Perhaps the amount in question, in my case $50, does not seem worth the trouble to fight for. Often it is not just the amount of money but the principal of unfairness that drives people to seek justice. Perhaps your efforts will result in a changed policy so that future renters will not have to incur the same injustice.

The following two letters detail what happened in my case. They also provide a template for how to go about writing letters if you find yourself in a similar situation.

The First Letter

[Name and address of landlord/management company]

Re: Security Deposit

Dear Mr. ________:

I am writing to you regarding my security deposit.

I was a resident of Avalon Belltown, apartment #____, from December 21, 2001 through October 31, 2002.

In the Apartment Lease Agreement, dated December 21, 2001, provision seven (7) incorporates the Security Deposit Agreement into the Apartment Lease Agreement by reference.

Landlord Wrongfully Retained Your Security Deposit? Fight Back!

Left your former rental in spotless condition? Get your security deposit back.

Credit: Lori Wheat

Copyright: Lori Wheat

Comments
Showing Comments 1 - 9 of 9
 
 
I had to sue my landlady for deposits back, and she even walked through with us and commented on how great it looked! She was just either lazy, selfish or just plain rude not to return it and when she got slapped w/a small claims court suit, she paid up a week b/4 the hearing. My advice to all is to not let the idea of going to Court scare you. Courts were designed to give you a venue to seek a remedy to a situation you deem unfair. And you know what? I got more than the deposit back from her. AND worst of all, she went to law school (failed the bar many times, but I digress) and she more than most landlords were quite aware of the laws.

Posted on 09/15/2007 at 6:09:00 PM

 
Wow! I cant believe I just found this. I am moving out of an apartment that I have lived in for a few years and now the manager wants me to pay to (out of my $600 deposit) paint the place. I do not smoke and put no holes in the walls from picture hanging. Just normal wear and tear. I want to get most of that deposit back. I dont care if its $50 or $1000, its not fair to gouge anyone like that. I understand a cleaning deposit but this is crazy. I hope the letter you provided can help me. Thanks!

Posted on 09/08/2007 at 12:09:00 AM

 
Dave - That's awesome that you looked up the law and worked things out with your landlord. Unfortunately, it sounds like this is a common practice by landlords.

Posted on 09/07/2007 at 11:09:00 AM

 
I should mention as well, that the stuff she tried to keep from our security deposit was ridiculous: like cleaning the driveway and trimming tree branches...there wasn't a single valid item in the list. She had her boyfriend fix/replace some things and then tried to charge me saying that I broke them (like the stove-top heating element which burned out on the 25 year old range).

Posted on 09/07/2007 at 10:09:00 AM

 
Lori, Excellent article!!! I had an awful experience renting a house one year. My employer moved my family to Orlando while I was on a long term consulting project. The lady tried to keep my security deposit. I looked up the landlord/tenant law and found that she had been required to notify me by certified mail within like 10 days that she was keeping part/all of my deposit. She didn't abide by the laws..I ended up working it out with her. It's really important to look this stuff up and stand up for your rights! ---Dave

Posted on 09/07/2007 at 10:09:00 AM

 
Seems like no matter how hard you clean you never get all of your deposit back. I gave in and gave up part of mine, but now I wish I would have fought for it.

Posted on 09/05/2007 at 2:09:00 PM

 
Thanks for the comments. I was concerned readers might think my situation was a bit petty - going to all that trouble over $50. It really is the principle of the matter as much as the money. Plus, I am frugal, and so $50 is not small change to me :)

Posted on 09/04/2007 at 5:09:00 PM

 
Great job!

Posted on 09/04/2007 at 3:09:00 PM

 
I'm glad you got your security deposit back, Lori! It sounds like your landlord was greedy and wanted to hold onto the $50 whether his place was well maintained or not. How irritating! Sophie

Posted on 08/27/2007 at 9:08:00 AM

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