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Can a landlord take your deposit at the end of your lease for plumbing work orders you previously submitted?

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I rented a house for 2 years after right after we moved in the toilets constantly were over flowing…all of them..a few times it flooded everything .. I called in various work orders to fix the plumbing issues.. A few times never worked it ..was ok for a few days then did it all over again..when they sent people to snake them nothing ever came out ? House is about 20 years old not very well taken care of.Once I moved out the landlord charged me for every work order I placed during the tenancy, work orders that were a tear old she took out of my deposit claiming there was plumbing issues were caused by neglect! Can they seriously charge you for that ?
Jin- landlord charged me for the work orders I placed a year ago for toilet over flowing constantly no damaged to toilet…for the work orders I placed for toilets constantly over flowing…I didn’t know until I moved she charged for every work order out of my deposit.

Chosen Answer:

No. A landlord cannot deduct work orders. They can only deduct DAMAGE that you caused. You will have to prove to the Court the condition of the plumbing during your tenancy, that it was an on-going problem that she failed to remedy, and that she is unlawfully holding your deposit simply on the fact that she is trying to blame you for the existing faulty plumbing. Write a certified letter with return receipt stating your position that you feel she is unlawfully holding your deposit and trying to place blame on you for her faulty plumbing. Demand your deposit back with an itemized receipt of any damage. Look up your state’s laws on return of deposits. The state I live in requires that you give “reasonable notice” to return the deposit or dispute the damages. I’ve been able to give two weeks with no issue. After your statutory wait, file a small claims suit. They cost about 0.00, but sometimes you can ask that your court fees be returned for having to file a suit.
by: Prorkycake
on: 18th August 13


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