What to do if my landlord did not return my entire security deposityet took no responsibility for damage to my property in a flood?
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What to do if my landlord did not return my entire security deposityet took no responsibility for damage to my property in a flood?
My landlord will not take responsibility for my property damage from a flood in 10/10. She has with held $395 of my $650 security deposit. When we did our walk-through she said I didn’t replace 1 light bulb, 1 smoke detector, and there was a stain on the carpet. She sent me a personal check 43 days after I vacated with a list of deductions; only after I left her a voicemail on the 40th day. Her husband does all maintenenace for the 3 apartments in the building. I know the deductions weren’t as pricey as she stated; I asked for receipts she cannot provide any. Do I have a case?
Asked on February 24, 2011 under Real Estate Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You may well have a case:
1) A landlord must substantiate charges or deductions from a security deposit.
2) The landlord can only charge, even to the degree substantaited, actual out of pocket costs and can't charge for labor of herself, her family, or of employees (only of outside contractors).
3) The landlord can't charge for routine wear and tear, some of what you describe may be routine wear and tear.
4) As to the water damage--the landlord would be responsible if she was responsible in some way; that is, if the flood was caused by improper maintenance, by a pipe bursting while plumbing work was being done, by a leak she never fixed, etc. If the landlord was not at fault in some way in the flood, however--e.g. the rain was so heavy it came in over the door sill or a local creek flooded; or a branch broke a window and let rain in--then she would not be responsible.
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