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Deposit Dispute - Bogus Charge

So here's what has happened.

I was a tenant at a unit for 12 /mo's at which time I remained in communication with the property management extensively whenever a situation arose. This includes when I added my 3 week old Shih Tzu puppy and added someone onto the lease mid-year. I've never been late on any payments and have had no complaints from the management company or my neighbors.

I ended up giving my notice to vacate in a proper manner and requested my deposit be refunded. I was expecting the normal cleaning costs we both agreed upon. However, what I received was far from that. The only additional cost would have been for my puppy scratching one of the bedroom doors which would need to be repaired and I take full responsibility for.

Move Out Statement
Item in Dispute: "Pet, Unauthorized - Kitten observed in unit (Lease: 4.8) $500.00 Charge

I've never had any other animal on the property other than my dog. Note, the date they created the charge was when they performed a move out inspection. No where in the things they sent me did it state what was observed or by whom. I've always heard companies try and do these types of things and create bogus charges but I've never experienced it until now. I've always had great relationships with my property management companies.

On the first page it says "Any disputes must be submitted in writing", "Any balance shown on the last page of your statement is due upon receipt", and "Any un-paid amounts are promptly turned over to collections".

I immediately sent them an e-mail and drafted up a written notice I'm going to be sending once I get a chance to print it out. My concern is that they will come back saying it must have been a cat who damaged the door or something crazy.

I've also sent a request for consultation to a lawyer who's helped me out previously to see what his thoughts are on the matter. If I take this to Small Claims Court do I have a chance? They will have no photos of such "kitten" as there never was one and if their claim is that It's because of the scratches on the door It's because I had a dog which I paid a deposit for.

Comments

  • jamie11
    jamie11 Posts: 4,436 Forumite
    Move Out Statement
    Item in Dispute: "Pet, Unauthorized - Kitten observed in unit (Lease: 4.8) $500.00 Charge

    You have written $500, are you in the colonies?
  • jamie11 wrote: »
    You have written $500, are you in the colonies?

    Boise, ID (United States)
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    Sorry, not much we can do to help then, this is a UK forum, our laws are different :-( Good luck finding a US one to help

    All the best,
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    In the UK, you would dispute the allegation of the cat and [if your deposit was not protected] you would take the Landlord to court for the return of any charge for a cat. If the charge was mentioned in the contract, you would deny the cat and if the charge is not in the contract, you would deny both the cat and any right to make a charge.

    But you would accept any damages as shown by the difference between check in and check out inventories.

    That works for a screwed up country like the UK and will probably work for a similarly screwed up country such as the US
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • jamie11
    jamie11 Posts: 4,436 Forumite
    Perhaps bcurtis 208 could tell us if there is such a thing as a deposit protection legislation in the US, it might help our understanding of the differences between UK and US renting laws
  • G_M
    G_M Posts: 51,977
    Name Dropper First Anniversary Combo Breaker First Post
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    I believe in the States you can agree a compromise. Put the kitty to sleep (permenantly) and the charge has to be waived.

    Colonials eh! What are they like?
  • tbs624
    tbs624 Posts: 10,816 Forumite
    jamie11 wrote: »
    Perhaps bcurtis 208 could tell us if there is such a thing as a deposit protection legislation in the US, it might help our understanding of the differences between UK and US renting laws
    Different States= different laws:)

    OP - as the others have said this is a UK forum - there is info on tenancy laws local to you at http://www.tenant.net/Other_Areas/Idaho/idaho.html
    and around p28 at http://www.ag.idaho.gov/publications/consumer/LandlordTenant.pdf

    I agree with DVS's post
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    tbs624 wrote: »
    Different States= different laws:)

    OP - as the others have said this is a UK forum - there is info on tenancy laws local to you at http://www.tenant.net/Other_Areas/Idaho/idaho.html
    Interesting site with a variety of styles of potted writeups on tenancy laws in different states - interesting too the similarities and dissimilarities.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
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