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Is this deposit worth fighting for?

Lived in an apartment complex for one year, full filled the lease obligation, moved out, took pictures. About a month later I received a letter stating that my security deposit would not be returned because the apartment had to be repainted and the carpet had to be cleaned. I watched the maintenance team repaint and replace carpet in EVERY apartment that came empty during the year we lived there. We have a friend who worked for the maintenace department who would testify that this was the norm. This complex has well over 300 apartments, at least 50 became vacant while we lived there. They also listed that they needed to clean the stove, fridge and bathroom floor.

Would it be worth my time to take my pictures which I believe show that the apartment was clean and not damaged and go to small claims court? Or should i just write this $1000 off as a loss?

10 Answers

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  • Angie
    Lv 6
    1 decade ago
    Favorite Answer

    Take them to small claims court. Take your pictures, I think you have a good case to get most if not all of your money back.

  • 1 decade ago

    I would fight for it! Even if they did have to repaint and recarpet the apartment, I'm sure that the total cost would be well under $1000. I know in Colorado, landlords are legally obligated to repaint the apartment in between every tenant, as well as shampoo the carpet. If the carpet is damaged in a way that is has to be replaced, then the tenant has to pay for it....but that should still be less than $1000.

    Before taking them to court, I'd ask them to send some sort of proof that it actually cost that much to repaint and recarpet. Ask to see a copy of the bill, and make sure you ask them to return the money before you take them to court.

  • 1 decade ago

    I know the whole court thing is a pain in the butt. But 1000 $ is a large right off and is rightfully your money. But I would check into it.. if going to court over it is going to cost you more than 1000$ .. well you know what I mean.

    You can always try to settle out of court and talk to whomever is dealing with this issue and put those pictures you took to good use. Give them the impression that you have already spoken to counsel or something ... You never know they may not want to go through the whole court process either and may just give in.

    Good luck.. I hope you get back what is rightfully yours...

  • Yeah, if you have the time and can afford the stress, then take them to small claims court. I cant believe they took all 1000! Well, actually I can because I had a similar situation where I cleaned the whole apt top to bottom inside and out and got charged for the same things as you (stove, floors, ie). Its totally bullsh*t and you were very smart to take pics. Best of luck to you!

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  • 1 decade ago

    It sounds like you have a good case. I suggest you fight for your security deposit, yes it is worth it. Even if you don't need the money its the principle.

    Some landlords are snakes and try to rip people off.

    1. All apartments are painted before a new tenant moves in.

    2. They are assuming you don't have the time or knowlegde to fight this case.

    3. You will win this case if taken to small claims court as long as everything you have stated here is true.

    Don't forget to bring all your proof , witnesses and even tickets you put in for repairs especially if it dealt with water.

  • miko
    Lv 4
    1 decade ago

    Thats a bunch of HOOEY!Take them to court. What they are doing is utter crapola. Unless the carpet was completely thrashed then you are not responsible. Somethings like wear on carpet you have to make allowances for because that is part of normal wear and tear. The bathroom,stove etc had to be cleaned again regardless if you cleaned it or not

  • 1 decade ago

    Hell NO....Every place I have ever lived just can't seem to part with even a $50 damage deposit....All the stuff they did is stuff that is REQUIRED anyway....they probably have no idea you have pictures.....bring a friend with you to court and file in small claims court tomorrow. I think it will cost you less than $75 and you will get this money back WHEN you win. Do not let this greedy place get away with your money!!

  • 1 decade ago

    Painting is an automatic maintenance item for them. As for the carpet, did you have a pet? Due to possible fleas and other 'critters' they could hit your deposit for that item (even if they do use the cheap stuff).

    $1000 is a huge deposit for an apartment (never saw it at half that here in Texas). I would fight for it.

  • Anonymous
    1 decade ago

    small claims court is a 1/2 day max. what do you have to lose? 1,000 for a days work sounds good to me.

  • Anonymous
    1 decade ago

    fight it!!!

    they are betting you won't

    NORMAL WEAR and TEAR include cleaning the carpet and painting if necessary.

    They are scamming people.

    SEND them a message and encourage your neighbors to do the same if you can...

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