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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28383
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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If a landload is deducting damage to a dryer drum that worked

Customer Question

If a landload is deducting damage to a dryer drum that worked prior to vacating a primise & then the landlord had the dryer "moved" after the tenant moved out, how can it be contested the the dryer WAS in working order. Also the the landlord is deducting for cleaning services when the tenant spent two days cleaning & left the rental in better condition than when taking position. And lastly deduction are being made for "holes in the walls" when all holes were filled & painted prior to vacating, with the exception of some minor scrapes in one room where movers left scratches on one section of one wall.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. I certainly understand the situation and your concern. If your landlord does not return your security deposit or give you a list of reasons for withholding it within the time specified (30 to 60 days, depending on the lease provisions), he/she loses any right to keep any part of the security deposit. You can write a seven-day demand letter and, if the landlord does not send you the full amount of the security deposit within the seven days, you can sue for three times the amount of the security deposit. The statute requires that the 7-day demand letter be sent by first class mail. You can also send a copy by certified mail, return receipt requested, so you can show that your landlord received it and when. However, if your landlord does not pick up the certified letter, you can still proceed, based on the letter being sent by first class mail. The landlord can still hold you responsible for any unpaid rent or utilities, or any damage you did to the premises, but the amount you owe the landlord would be offset against the triple damages you are entitled to.
If your landlord sends you a list of the damages within the required time, and if you do not agree with the deductions then you can:
1) Call your Landlord and try to negotiate.
If this does not work then you can:
2) Send a "seven-day demand letter" by regular and certified mail and an additional letter disputing the charges imposed by your landlord. Keep a copy of both letters for your records. Sending a letter by regular mail will give your Landlord sufficient notice, even if he or she refuses the certified mail.
3) If the Landlord does not send the wrongfully withheld Deposit, within the time stated in the lease, you could sue in:
a) Small claims division of County Court
b) County Court under the Simplified Civil Action procedure.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Expert:  RealEstateAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!