We just moved out of our apartment of two years in July, and today received our security deposit back from our landlord.
She has deducted approx. $1100 out of the original $1600, referring to "deep scratches" on the kitchen counters. She has provided no photographed/witnessed proof of the alleged scratches, only has enclosed a $1500 estimate for replacing all of the counters in the kitchen. She then subtracted approximately $400 from her own figure for "less depreciation." [thus the $1100]
We are going to write a letter to her asking for proof of damage, but my question is, can this type of damage be taken out of the deposit, or does it fall under "wear and tear / everyday use?" And is she able to charge us for the entire purchase of a new counter-top even if we possibly scratched one small portion during the course of a few years?
Furthermore, as we are confident we did not scratch the counters in any way, how can we protect ourselves from her false claims? To be blunt, I would not be surprised if a "false scratch" done by her own hand was photographed and later tried to be used as evidence.
Thank you for your time
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Editor's Response
Yes, as in all cases where the landlord does not return the deposit, if you think you are entitled to the deposit, you should start with a demand letter, then move to housing court if necessary. Follow this link to a thread dealing with the landlord's refusal to return a security deposit.