I have 2 questions I need answered and the law is pretty vague on these questions so I am not sure who is right.
1. The 30 day rule after you hand in your keys. Does this mean that the security deposit has to be post marked by 30 days, or in the tenant's hand? Also is a metered stamp proof that the letter was post marked a certain day?
My old landlord sent out deposit letter on 9/30 (we moved out 8/31), but it was postmarked with a metered stamp and we didn't receive it until October 5.
I say a metered stamp isn't proof of postmark since it could have been mailed at a later date and if they really wanted to prove it was sent on 9/30 they should have sent it certified mail.
2. What is considered an itemized list of deductions? Do you have to list each damage and the adjoining cost or can they list all the damages and cleaning as one charge?
Our old landlord sent an invoice of labor done - listing damages and repairs in the whole apartment and the total number of hours times the hourly rate - no break down on how much it cost to repair each item. Some items were damages we did, but others would fall under normal wear and tear and still others were present when we moved in (and written on our move in sheet), however without knowing the cost for each item it is impossible to contest the charges. Just want to know if they did not follow the law on writing the letter.
security deposit
Security deposits are the one most problematic areas for landlords. If not handled properly, the landlord may have to pay thousands of dollars above what they collected in damages. With that said, the court will probably look at the additional 5 days as administrative in nature and therefore reasonable. The law states a strict 30 day limit so it depends on the judge. As far as deducting for damages, the landlord cannot charge the tenant for repairs considered normal wear and tear which depends on the length of the tenancy. It should be clearly itemized because you are entitled to know what you are paying. Any damage noted on a pretenancy list is the sole responsibility of the landlord so they cannot charge you for those repairs.