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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102162
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can we dispute how much was charged from our security

Customer Question

Can we dispute how much was charged from our security deposit upon lease expiring based on pictures we took of damage to the townhouse in the first week of living there? He never scheduled a standard walk through and a flood from the first month might also be to blame for some damage we're being charged.
Submitted: 11 months ago.
Category: Legal
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. While a walk-through is not mandatory (unless the lease demands it), the landlord cannot withhold part/all of the deposit unless it is for:

-unpaid rent, or

-damage to the property beyond normal wear and tear.

So if the landlord is withholding part/all of the deposit for damage which was not your fault and/or beyond normal wear and tear, the tenant can dispute this in small claims court. Then the Judge decides. Your photos that show the damage actually help very much, as they show that this was due to the flood and not your doing.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.