Landlord-tenant law is almost exclusively governed by the lease
instrument itself and the law of the state specified in the lease, or
if not specified, by the law of the state in which the property
resides. So your answer will be governed first by the specific terms
of your lease and then by relevant provisions of state law.
Do you have a written lease? What does it say about security deposits
and damages deductions? If it is silent, then you need to look to
state law and see what it says about those topics. Generally (you
need to consult with a local lawyer before proceeding, BTW), absent a
contrary provision in the lease, a landlord can retain a security
deposit in a non-interest bearing account and must timely refund it
less deductions for damages caused by the tenant, reasonable wear and
tear excepted. Most state laws also provide that the landlord must
provide an itemized list of the damages and the associated charges
upon request. I would certainly make a demand for the supporting
documents. Have you already been charged, i.e., did the landlord hit
your credit card for these charges or withhold it from a security
deposit? If it is just a bill, then you have no standing to go to
small claims court since you have not been damaged, i.e., you have not
suffered any monetary loss yet if youve just received a bill. |