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Question
Question about a returned late/smaller security deposit?
My husband is Air Force, and we recently moved from Mississippi to Nevada. We payed a $150 security deposit on our last apartment. We gave 30 days notice, and we cleaned the apartment top to bottom. (And trust me, we do a VERY good job, and had always got full refunds) We moved out Feb.18th, and ended up paying for the full month anyways. So the landlord got 10 days free. Anyways, we just got our deposit back- only $90! There was no list of itemized deductions sent to us, and we waited more than a month to get it, when we gave them our new address before the end of February. Can we take this to small claims court?
2 years ago - 3 answersBest Answer
Your former landlord is violating the law. Mississippi state law states
Sec. 89-8-21. Security deposit
(3) The landlord, by written notice delivered to the tenant, may claim of such payment or deposit only such amounts as are reasonably necessary to remedy the tenant's defaults in the payment of rent, to repair damages to the premises caused by the tenant, exclusive of ordinary wear and tear, to clean such premises upon termination of the tenancy, or for other reasonable and necessary expenses incurred as the result of the tenant's default, if the payment or deposit is made for any or all of those specific purposes. The written notice by which the landlord claims all or any portion of such payment or deposit shall itemize the amounts claimed by such landlord. Any remaining portion of such payment or deposit shall be returned to the tenant no later than forty-five (45) days after the termination of his tenancy, the delivery of possession and demand by the tenant.
www.mslawyer.com/statutes/landlord....
If I were in this situation, I would print out a copy of this law, highlighting the sentence about itemizing, and would send him a letter demanding itemization by a certain date. I would send it with delivery confirmation and return receipt.
The problem is, are you willing to travel back to MS for $60? To do small claims court, you will have to appear in person and it's unlikely that you will be able to sue for travel fees to do so.
Instead, I would threaten to report him to the police and to the state housing board.
And not to kick a horse while he's down, but this is why walkthroughs are SO important to do WITH the landlord, having him sign off on the spot. ESPECIALLY if you are moving out of the area.
Other Answers
Not all states require that an itemized list be sent. If you feel the deductions are incorrect, simply send a demand letter off to the landlord for an itemization.
Yes, you can take it to small claims...but you have to sue in Mississippi and the filing fees will be well over the $60 your out.
Yes, of course you can, however the cost of the court case (unless you sue for that too and win), plus your time, gas etc, will easily exceed the $60 he kept. You're in a position in which you have to decide whether $60 means more to him or you, and whether you're willing to lose money on this just to make your point. My wife and I lease rental homes, and we do not treat our renters like this. When we keep any part of a security deposit after renters vacate, we provide a detailed list of the things we found, the amount withheld to compensate for them, and our prep crew (the people we have hired to clean, paint, repair etc the home prior to new tenants) takes photographs of everything for which we withhold money. It is my opinion that your previous landlord did not meet his/her legal obligations. If you do sue it is my opinion that you will win, but I'm not a lawyer. Best of luck.
Source(s)
Personal and professional experience
by nivram3330 - 2 years ago
