Jan
28
should i get my deposit back?
By
recently moved out of rented accomodation and have been to lettings agent to ask about deposit being returned, said there was a problem with candle grease on the floor.
spoke to landlord who said they had found some on the floor (real wood) and wall.
when i cleaned the property before leaving i didn’t see this or would have rectified it. told landlord that and apologised. They have decided to sand the whole floor in lounge because of this.
does this count as general wear and tear or can they keep our deposit because of this?
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13 Comments
September 29th, 2009 at 6:32 am
this is something probably open to discussion with the landlord, maybe a settlement can be arranged if a full payment cannot be.
September 30th, 2009 at 10:20 pm
No. Then yes.
October 4th, 2009 at 12:46 am
threaten to sue him, if that don’t work sue him in small claims court.
October 5th, 2009 at 2:41 am
I would ask for proof. a picture. something. they should at least give you the option of cleaning it of fixing it before running up a tab of hundreds of dollars. If they have no proof I would call whoever did the job and ask the workers if they saw any wax on anything. They might have just wanted some refinished floors and looked to you to get them. I would not let that slide.
October 6th, 2009 at 2:26 pm
They can keep your deposit. There is very little you can do about it. If they say they saw damage, it would be more trouble to you than it would be worth to prove that there was not any damage. Whenever I have moved out of a rental property, I NEVER expect to get my deposit back. They always come up with some lame reason to keep it. I think it is all a big scam !!
October 8th, 2009 at 7:00 pm
You are not going to get it back,he will make any reason up to keep the deposit, hard luck
October 12th, 2009 at 12:36 am
Accidents happen. Thats great you apologised and were honest with your rental agency. You should ask to see a quote as to how much the problem cost to rectify. If this is less than the bond you originally placed on the property, they should be able to take any outstanding costs from that. The remainder should be returned to you.
Usually when you exit a rental property you are required to have all carpets profesisonally cleaned, floors etc.
Also check your rental agreement to see what you need to abide by legally. If your honest and upfront with your rental agency, hopefully they will be more than willing to help your rectify the problem with the landlord.
I recently had a border in one of my rooms who left a terrible mess all over the walls. The cost was on me to clean it all, which can be a headache for the owner, especially if the renter is difficult.
Good Luck!
October 12th, 2009 at 5:25 am
You kind of left your back open by not inspecting the place with the landlord when you left. I really don’t see why he would go through th trouble of sanding, unless it’s cheaper than giving you back your deposit… Did you see the damage before he sanded the floor?
October 13th, 2009 at 4:01 pm
you want proof in photographic terms and if they cannot provice that get them to state in writing what the problem is and why they cannot provide photos. Once they have done that you can go to court and you will get your money back. I don’t suppose its harlequin Property services in Selby, cos they are very good are holding onto deposits.
You should be entitled to it back if they cant provide proof
October 14th, 2009 at 7:54 am
landlords are known for not giving back deposits the only recourse you have is take him to small claims court so he can prove it
if he didnt take pictures then he has no case and must give you back your deposit
even if he got the floors done he has to prove it’s because you ruined it and that it wasnt normal wear and tear most landlords are used to people just letting them keep their deposit and not challenging them i wouldnt let this go
October 16th, 2009 at 5:24 am
It seems like and over reaction by the landlord, but what can you do about it? if you want to pursue a small claims case against the landlord, did you take any pictures when you left of the rental?
if not then the landlord will have to show that the candle wax, ruined the hard wood floor to the point the whole floor need to be sanded, without more facts hard to know if the landlord has a case
October 18th, 2009 at 6:13 pm
candle grease is oily and stains. They cannot sand just one part of a real wood floor and not the whole floor. Otherwise it will have a lightened area where the grease was and the natural floor the normal color everywhere else. It makes sense to sand the whole floor. And yes, it will come out of your SD. You already accepted responsibility and acknowledgement of the grease by apologiseing for it. Candle grease on the floor and wall is NOT natural wear and tear. A candle got dropped and it splattered and wasnt cleaned up properly. That is why I hate wood floors.
If that was the only problem, then you are lucky. Just ask for an accounting of the damages and accept any remaining deposit if you have any. Sorry, Accidental or not, you did the damage, it wasnt cleaned up properly and you pay for it. He has 30 days to get you an accounting. And unless he plans to take you to court for more money, he doesnt need to take pictures, just send you receipts of the work done, (like rental of a sander, stain, polisher, etc). He can do the work himself, he doesnt have to hire out.
October 21st, 2009 at 1:39 pm
They should prove to you that this has been the case, by asking you to return and look at the problem.