Landlord's OUTRAGEOUS assessments -- Security Dep.

[melhadri]

Last year, I moved into a house with a so-called "friend." The house is currently being morgaged by the "friend." I lived in the house from 1-Sept-2004 to 1-Sept-2005. I had signed a one-year lease and was required to provide a security deposit. The problem I have encountered has just taken place, 10-Oct-2005. My landlord sent me a document via email detailing all damages and costs. Some of these charges are reasonable however, one of them is truely outstanding. This charge is in reference to a malfuction which took place in my landlord's television, the TV which used to reside in the living room at his concent. One day, I returned home and switched the TV on using the remote control and suddenly heard an unusal sound (beep). Not only was the sound unusual but there was no picture. I immediately phoned my landlord regarding the issue. He requested I not touch the TV and let him handle the situation. Later that week, he took the TV to a repair shop. The repair store quoted him $100 for repair. He requested I pitch in for the repair but I strongly expressed how I wasn't responsible for the internal malfuction and that I wouldn't contribute any money. Now (3 months later), he claims that he contacted the manufacture and suppossively the TV cannot be repaired. According to him, he paid $874 for the TV two years ago. He has deducted $200 from my security deposit.

Am I responible for this charge considering we both used the TV during my stay???? Any advise would be greatly apprieciated. Thanks.

[4legalnow]

Hi
I read your posting and the rental lease is for the occupant of real property ie: the apartment, the TV is personal property and is not covered in the lease unless it was specifully wrtten into the lease and the value was express. Your landlord can file a small clains suit for te repair of the TV and you can file a claim for your deposit money back. 200.00 is not alot of money to go to court for but if you feel your rights are being violated then sue the landlord. For more information on legal matters and attorney's go to my website www.4legalnow.com
have a good day
DW

[melhadri]

Below is a snapshot of all relevant information in the contract pertaining to damages and security deposits. Is there anything in this literature that may hinder my arguement (Security deposit isn't supposed to be used for personal items, especially in the case of an electrical malfunction)??? Thanks.

7. Rentee shall, during the term of this agreement and until return and delivery of the Property to Landlord, abide by and conform to, and cause others to abide by and conform to, all laws and governmental and airport orders, rules and regulations, including any future amendments thereto, controlling or in any manner affecting operation, use or occupancy of said Property or use of airport premises by said Property.

8. Rentee accepts the Property in its present condition, and during the term of this agreement and until return and delivery of the Property, the Rentee shall maintain it in its present condition, reasonable wear and tear occurring despite standards of good maintenance of Property excepted, and shall repair at his own expense any damages to said Property caused by operation or use by Rentee or by others during the term of this agreement and until delivery of the Property to Landlord.

9. Rentee shall be responsible and liable to Landlord for, and indemnify Landlord against, any and all damage to the Property, which occurs in any manner from any cause or causes during the term of this agreement or until return and delivery of the Property to Landlord. Rentee shall be responsible and liable for, indemnify Landlord against, hold Landlord free and harmless from any claim or claims of any kind whatsoever for or from, and promptly pay any judgment for, any and all liability for personal injuries, death or property damages, or any of them, which arise or in any manner are occasioned by the acts or negligence of Rentee or others in the custody, operation or use of, or with respect to, said Property, during the term of this agreement or until return and delivery of the Property to Landlord.

10. Rentee shall return and deliver, at the expiration of the term herein granted, the whole of said Property to the Landlord in as good condition as the same is, reasonable wear and tear excepted. Damage not considered as reasonable wear and tear will be deducted from the security deposit; if the deposit does not cover the expense of the aforementioned damage, the
Rentee will be billed for the remainder of the expense.

[elklaw]

I see the reasonable wear and tear clause-- so there should be no charge for the tv since tv internal parts do wear out on their own after 2 years. So you should have that damage item removed. I would write and ask for those damages to not be included and why and be prepared to go to court and sue for that part of the deposit back. I also suggest consulting an attorney locally to get their take on how to deal with this.

[sabokitty]

In this case I suggest you just take him to small claims court over the issue if he refuses to give your deposit back. No need to consult with a local attorney. The security deposit is your money and he has no right to it to withhold it as his personal property has NOTHING to do with you leasing the property.