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Posted by Fred Lappert on July 04, 1998 at 12:34:57:

In Reply to: Security Deposit posted by Mo on July 04, 1998 at 10:44:28:

: We will be moving at the end of August and are worried that we won't get
: our security deposit back. The house (not in NY) is in better shape than
: when we moved in but we've heard that the LL never gives security deposits
: back. The LL makes up things wrong with the house and keeps the deposit.
: The last tenants took him to court and won but it cost them about $600
: in legal fees. Is there any thing that we can do to help? Take pictures
: of the house to verify no damage if we go to court? Should we pay to have
: a maid service clean the house and provide the receipt as proof? I
: understand that the LL has to provide us with an itemized list of any
: damages, if any. Does he have to supply an estimate or proof of how much
: it actually cost to have the damage fixed? Any help would be appreciated.
: Thanks!

Gee, did you ever think of just not paying the last month's rent? This is
what many tenants do, even if the lease says you can't do it, it doesn't
matter -- as it puts the owner in the position of proving damages. But be
sure to clean, have witnesses and take photos.

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Comments:
: : We will be moving at the end of August and are worried that we won't get
: : our security deposit back.  The house (not in NY) is in better shape than
: : when we moved in but we've heard that the LL never gives security deposits
: : back.  The LL makes up things wrong with the house and keeps the deposit.
: : The last tenants took him to court and won but it cost them about $600
: : in legal fees.  Is there any thing that we can do to help?  Take pictures
: : of the house to verify no damage if we go to court?  Should we pay to have
: : a maid service clean the house and provide the receipt as proof?  I 
: : understand that the LL has to provide us with an itemized list of any 
: : damages, if any. Does he have to supply an estimate or proof of how much 
: : it actually cost to have the damage fixed?  Any help would be appreciated.
: : Thanks!

: Gee, did you ever think of just not paying the last month's rent? This is
: what many tenants do, even if the lease says you can't do it, it doesn't
: matter -- as it puts the owner in the position of proving damages. But be
: sure to clean, have witnesses and take photos.


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