We are trying to get our security deposit back from the property management company for the place my girlfriend rented last year. They charged her for painting, carpet cleaning, yard work, and chimney cleaning. Just to be clear landlords cannot charge you for normal wear and tear. They can charge you for damage to the property or cleaning to make it fit to live in again. We spent days cleaning that house, and their charges are completely inexcusable.
Situation Is Bleak
The situation is in favor of the management company, since they already have the money and the charges amount to roughly $400, a tidy sum of money, but not enough to spend 100 hours arguing with them. To make matters worse, we don’t have the move in form in which you check off all the things that are wrong with the house, and they claim they never got it.
We have already called them and disputed the charges. They have decided to stand by their charges, so what is the next step?
The Goal Is Simple
We just want our (her) money back. Maybe lawyers fees. Also of increasing importance is a sense of outrage at being mistreated. This drives up the value of getting a settlement beyond it’s monetary value.
The Strategy
Our first point of action was to call them and say that we were disputing the charges and to ask them why they think it’s valid to charge us for paint and yardwork. Their response was that “the owner wanted it painted”. Sounds like normal wear and tear paint to me, but unfortunately we didn’t record the call, so it’s only hearsay.
We need to do something to level the playing field here. Of course we are looking into small claims court, but are primarily afraid that if we lost they could counter-sue for lawyers fees.
Our first step then will be to contact the Better Business Bureau. They allow you to file a complaint and can assist with mediation. If that doesn’t get us anywhere, we will entertain mediation through small claims court, and as a last step, actually suing them.
This is a classic strategy of escalating force until we get a desired response. The major benefit of not going straight to court is that it may reduce our costs. It also allows us to back out if at any time we feel that it is no longer worth it. It does miss out on the shock value that going straight to the “nuclear option” provides, but in this case we aren’t prepared to do that.
Unfortunately, the company is probably aware of our hesitance, and hopes that by dragging their feet they can get us to just give up. In this situation it would probably be better if we could just go straight to court, but we aren’t informed enough to make that choice.
One strategy to make sure this doesn’t happen again is to withhold the last months rent, or pay the difference between the deposit and the rent. This shifts the balance of power significantly in your direction because the property manager has to come to you to get the money instead of you going to them. I don’t think I would do this when renting from an owner directly if I thought they were good upstanding people, but I think I will definitely do this when renting from a property management company in the future.
If any of you have had problems with a landlord charging for wear and tear, I’d love to hear how you solved it. I was in the same situation a few years ago and just ate the costs because I was young and didn’t care much, but this time we are both much more interested in fighting it.
I’ll probably do a game theory analysis of this situation here in a couple days.
-zot
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