LL being difficult about returning security deposit

[dwulf]

I just moved a few days ago and my old landlords have been giving my roommates and I a lot of trouble over returning our security deposit. Originally they told us they weren't going to give us anything back, before we were even moved out of the apartment, but one of my roommates basically got into a 3-day screaming match with them and was able to get back $1500, which is $600 less than the original deposit.

They were making all sorts of ridiculous claims, like the apartment was dusty and they were convinced my boyfriend was living there unofficially (we explained to them many times that he wasn't, and this wasn't the first time they accused us of hiding an extra roommate).

The only damage to the apartment that I know we would probably be held responsible for were some small holes from shelves in the wall that my roommates didn't patch up, and a couple of painted walls in the kitchen. Everything else was either made up or grossly exaggerated by them.

Basically, I was wondering if $600 is a reasonable amount of money for them to keep for the cost of painting and patching up the holes. I'm not looking to take them to court over this, but they gave us such a difficult time about the security deposit and moving that I don't want to give up that much money so easily.

I'm not sure if this has any bearing on the situation, but they also pressured us to move out early so they would be able to rent it by the 1st of this month. Since we didn't, I think they blame us for "losing" the extra month's rent which is why they were trying to keep our deposit. Prior to this, they were begging us to stay, saying how difficult it was to find such good tenants. They even offered to lower the rent if my boyfriend and I stayed there.

[TenantNet]

You don't say if you had a lease, which bears on their pressure to move early.

On damages, paining is maintenance and that is covered in the rent. So are a few small holes (like nail holes for wall pictures). No amount of money is reasonable unless they provide itemized bills. What you describe is nothing.
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[dwulf]

Thank you for the response. Yes, we had a standard year lease which we all signed (the three of us were on the same lease, we didn't have individual ones if that makes any difference). It was up at the end of October.

When I left a message for them a few days ago saying that I would take legal action if they didn't return our full deposit, I got an angry call back at midnight where she just screamed at me and hung up. Before I make any other move I'm waiting until my roommate cashes the check for $1500, but I was wondering if I should continue to try to talk to them directly, since they're obviously being difficult and unreasonable. At what point should I get an attorney or the OAG involved?

[TenantNet]

A lease means you have a right to use the property for the term in the lease. Some commercial leases have clauses allowing early termination (i.e., demolition), but generally residential leases survive with a new owner. That means the new owner has to honor the pre-existing lease. Of course that means the tenant is responsible for the rent for the entire term -- even if they move out early.

Chances are the new owner wanted the old owner to deliver the property empty.

First you said you moved out early, but now you say the lease was up at the end of October. So it depends if they really forcfed you out early (and illegally) or if we're talking a few days. You can always run it by a lawyer.
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The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
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[dwulf]

No, I didn't say we moved out early. We moved out on Oct. 31st (when our lease was up) and they knew when we would be moving out about a month in advance. I said that they were pressuring us to move out early (about 2 weeks before the 31st) so they could have the apartment ready to be rented again by Nov. 1st. I really only mentioned this because this seemed to be their motivation for trying to keep our security deposit, which they told us they would keep before we had even finished cleaning the apartment.

Also I didn't say anything about a new owner taking over, so I'm not sure what that has to do with this.

[TenantNet]

Sorry, I misread the original post, mixing up some pieces of your post with another I was reading at the same time. So disregard most of what I said. Sound then it's a simple issue of LL holding the security deposit.
_________________
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.