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Old 08-11-2007, 07:30 AM
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Post Security Deposit Retention

I read through the Landlord / Tenant general and state-specific FAQ's and did some general searching but didn't turn up what I was looking for, so I was hoping someone could help.

A couple with whom I'm good friends just got out of a 1-year lease. The apartment was fairly old and there were a number of minor issues with it that were noted in the move-in inspection form when they first rented. Nothing major - loose hinges and things of that nature.

Upon vacating the premises, a walkthrough was performed with an apartment representative who identified a number of mostly minor problems with the premises, many of which were enumerated on the move-in forms. This was noted by the lessees, but the lessor stated that the move-in checklist had been lost and, if the lessees could not provide their own proof they would be liable for all damages cited by the lessor.

I have a few questions in regards to this. The fees charged for the damages enumerated in the breakdown provided to the lessees seem unreasonable at best. Is there anything that can be demanded of lessor regarding these fees, such as an copy of an invoice for repair of said damages? Perhaps a receipt for money paid for hours of labor required to fix damages?

Secondly, is the burden of proof on the lessor whatsoever with regards to reproducing the move-in agreement? It seems convenient if the lessor can always just "lose" the agreement and put the burden of proof with lessees against all claims. Do the lessees have any leverage whatsoever in this area?

In general, with regards to recouping any / all of the security deposit being withheld by the lessor, what leverage do the lessees have?

Thank you in advance for any help you can provide. I've tried to find the answers independently prior to making this inquiry but have not been able to turn up what I"m looking for.
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Old 08-13-2007, 06:27 AM
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As for the move in forms, it is going to be a state to state thing. You should always have copies of this stuff in case situations like this arise. Most states do require an itemized receipt for repairs. If they do not receive it, they are going to have to go to court on this one.
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Old 08-15-2007, 02:42 PM
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Well, they provided the itemized receipt, but it's a matter of what is considered a reasonable cost for each repair. What is the value of an itemized receipt if it just breaks down being generally overcharged into being overcharged on each of 10 infractions?

For example, if they said it cost 50$ to repair a loose hinge on a cupboard, can a lessees make any sort of demand for them to justify such an outrageous expenditure at their expense?
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Old 08-16-2007, 06:19 PM
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A court will be the one that has to decide if it is reasonable.
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