Consumer Blog
Getting your security deposit back
Missouri consumer writes:
My mother recently moved from her apartment and a walk through was done by the complex manager, who mentioned some touch-up repairs, but did not list any specific things that my mother might have to pay for. She expected to get her full $700 security deposit back, but only got $152, along with a list of problems that were not pointed out during her walk through. My mother called the manager and was told a regional representative supposedly walked the unit afterward and found additional problems. Can a 2nd walk-through be done without your knowledge or without an opportunity for you to be there as a tenant? Please also note, when my sister went to get copies of the original move-out walk throughs, the complex manager made her wait while she called to get permission to give her a copy of the walk through. Does the tenant not have a right to have a copy of said move-in & move-out walk through at time of inspection?
Missouri law says the tenant has the right to be present during the walk through. The law also allows you to recover double the amount that was wrongfully withheld. In this case, $548 was withheld from your mother. If she can prove in court (probably small claims court) that it was withheld wrongfully, she could recover up to $1096.
AG Nixon offers a consumer publication on Landlord-Tenant Law in Missouri.
Technorati Tags: landlord, landlord tenat law, lease, rent, security deposit, tenant, moagoconsumer, consumer protection
Posted by on June 21, 2007 9:30 am :: Comments (3) :: Permalink
3 Responses to "Getting your security deposit back"
says:
October 20, 2007 9:34 pm
I moved out of an apartment and the landlord called my roommaes mom and told her that we owed them rent for a month tha we weren't there. when we called about this matter the landlord said that he needed to replace all the carpet in the apartment and our $775 deposit didn't cover the damage. we were not notified of a walkthrough. there was 4 quarter sized rust marks on the floor in one room but the rest of the carpett was fine. my question is that if we have to replace the carpet then why does someone live there after 2 weeks of us moving? should we pay?
says:
July 12, 2008 11:15 am
I recently moved from a house I was renting and had a walk through with the landlord where he commented the place looked great & thanked me for my hard work cleaning. I touched up paint and had the carpets cleaned. He did comment on a few spots on the carpet that wouldn't come out. The place was NOT freshly painted when I moved in but only partially touched up. A portion of my deposit was withheld for another carpet cleaning and repainting the entire place. One of the main receipts provided doesn't even appear to be from a company but a friend of the landlords! Unfortunately I have nothing signed the day we walked through or pictures but can I fight this at all when I cleaned AND touched up paint? Can I fight this bogus receipt that lumps several things together but nothing is itemized?
says:
July 16, 2008 4:08 pm
To Susan:
As mentioned in the above blog post, Missouri law allows you to recover double the amount of your security deposit that is wrongly withheld. Also, Missouri law says part or all of a security deposit may be used to cover actual damage, not just normal wear and tear. It also says you have the right to be present during the inspection.
