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My landlord gave me an inflated damage report upon us

leaving so he could keep...
My landlord gave me an inflated damage report upon us leaving so he could keep all of my deposit. More than half of list was cleaning and painting other things I believe to normal wear and tear for three years if renting. States he will not Pursue damage as long as I agree. I do not believe he held my deposit in an account either.
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Answered in 5 minutes by:
9/19/2017
insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 56,593
Experience: Lawyer; developer/owner of RE developments.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Good morning John. I would absolutely pursue this. The laws regarding security deposits and their return are biased in favor of tenants for just this type situation. Not only are you protected by the "normal wear and tear" rule, but also the "useful life concept" given that you have been there for 3 years and most likely everything wasn't brand new when you moved in. What you will want to do is file suit in small claims court against the owner for a return of your deposit. If a landlord deducts items from the deposit that are not appropriate, a tenant can file a claim against the landlord in small claims court without an attorney. The tenant is only responsible for damages caused by the tenant and cannot be held responsible for normal wear and tear. Furthermore, the "useful life" concept further limits a tenant's liability. This applies to wall paint, carpet, appliances, floor finish, etc. I will use the paint as an example. Even if you might have caused damage to the paint other than normal wear and tear, you would still only obligated to pay for the cost of repainting times the remaining useful life of the original paint. Typically, painting in a rental unit would need to be done very couple of years. So, even if the landlord repainted immediately before you moved in, when you left there would be no useful life left and thus you would be liable for nothing because you did nothing to shorten the useful life.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Customer reply replied 7 months ago
Does he have to prove he held deposit in an account

Thanks for following up. Yes, that burden is on the landlord. :)

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Good afternoon. Just following up. My screen indicates that you have not reviewed my response. Please let me know if you did not receive it so I can re-send it if necessary. Thank you! Richard

insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 56,593
Experience: Lawyer; developer/owner of RE developments.
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Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.

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Customer reply replied 7 months ago
I very much appreciate the help. You were prompt and it helped me. Thank you
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insearchoftheanswer
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Experience: Lawyer; developer/owner of RE developments.

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