Landlord withholding security deposit?

I had a residential lease which was terminated in July 2007. I surrendured the premises to the landlord, removed my belongings, gave her all keys to the premises, and gave her written notice of my new mailing address. The landlord stated to me that she would return my security deposit with a list of any deductions taken out of the security deposit. Four weeks had past after July 2007, and I had not heard from her. I contacted her and she ignored me. From August until October I had attempted to contact her various times and she blew me off. I then filed a claim against her in late November 2007 for failing to return a security deposit with a list of itemized deductions within 30 days at the local magistrates office. The claim was granted, and a hearing is scheduled for 1/8/07. Shortly after she received the notice of hearing, she mailed me via certified mail an itemized deduction list of highly exaggerated charges taken out of my security deposit such as: $350.00 to clean windows.

Continued: $250.00 to clean carpets, and $250.00 to sanitize garage. Which totaled $850.00. My security deposit was only $710.00, and she is claiming I actually owe her $140.00. Anyways, it is apparent she is trying to screw me over. However, this week being 12/31/07-1/06/08, she called me and mailed me via certified mail an offer to give me $300.00 back, if I drop the case. I contacted her back and refused the offer, and stated I want the security deposit back in full, since she forfeited her rights to take any money out because she did not act within 30 days following the surrender of the premises, and/or termination of the lease which is clearly specified in the state statute that applies to these types of circumstances. Considering that she made such an offer or plea bargain with me before the hearing, does that mean she knows I have her "boxed in" and she knows she may not have much of a legitamite defense during the hearing. Advice, opinions?

As an attorney, in Court, I would object AT THE TRIAL to the landlord's presentation to the Judge of her itemized list of deductions into evidence as "hearsay", unless the landlord produces paid receipts showing she ACTUALLY paid for those items. The logic here is that: (1) a landlord cannot just make-up a self-serving list of expenses without some basis for the legitimacy of each expense, or (2) unless the landlord ACTUALLY paid for these items, she was not damaged and therefor you owe her nothing.

If you think the landlord will have paid receipts at trial, then you must tell the Judge that the Landlord failed inform you to give you a chance "to cure" the deficiencies, and that the charges were more than what you would have incurred had you corrected the issues yourself.

Also, if any specific charge is unreasonably high, then bring to Court an "estimate" from someone who would have corrected the deficiency for less money.

You can also bring someone to testify (a friend) at trial that they observed your place when you moved out, and the claimed deficiencies did not actually exist. You should always be represented by an attorney when you prosecute a court case. Good Luck.

You need to check you local laws but there may be a clause stating that charges need to be reasonable. Just make sure that this person has receipts for services paid if they had the services preformed professionally.

Don't sweat her list. The exaggerations on her list have to be proven to the judge to be valid and if they are flat out lies the judge will throw them out. Your landlord doesn't sound like the smartest cookie in the box and will likely be learning a new lesson on Tuesday. Still it would help to have a pictures of the apartment condition on your departure, to prove your side of the story, but the bottom line that the landlord did not abide by the law of returning your deposit in a timely manner or sending a letter why the entire deposit was withheld will not go unnoticed by the judge.

Her attempt to settle does show she knows she is in the wrong, but I suggest (depending upon the size of the deposit) you consider her offer and perhaps negotiate something higher rather than going to court without detailed pictures of the property when you left. Good Luck

Rose has a great answer. Have her prove her receipts for the work done.

Sounds like you have her up against the wall and she knows it. She is going to have to proof these deductions now and she will probably find it hard to do so. I hope you covered yourself also and took pictures and had her inspect the place when you left.