Security deposit question - Landlord Forum thread 322003

Security deposit question by NJ (NJ) on July 29, 2014 @10:30

Had a couple (guy and girl) who moved into unit last year. Each tenant supplied half the security deposit for the apartment. She moves out 4 months into one year lease but did not notify us (and the guy informed us later that she did not want us to know that she left).

We found out about the guy's new roommate from another tenant in the building. We agreed to let him stay after doing a background check. Now the 2 guys moved out at the end of the lease and left the place a mess.

We deducted some fees (professional cleaning and clogged toilet snaked by plumber) and returned the security deposit to the original tenants (guy and girl). The fees were split equally between the two original tenants.

She is complaining that she should not have been included in the deduction because she was not living there. We explained that we always split the deductions equally because both parties are responsible.

She's threatening to sue us and wants proof (receipts) that the cleaning and plumbing services were actually paid for.

The plumber gave us a receipt. We only have a cancelled check for the cleaning.

My question is - do we legally have to provide this information to her?

And do we legally need to share our other evidence (the pictures of the filthy apartment and clogged toilet)?

Thanks

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Re: Security deposit question by Bryan (Ia) on July 29, 2014 @11:05	[ Reply ]

No and no. If she wants you to prove the deductions she can file in court and then you can prove to the judge via your receipt and canceled check that you had the work done. The pictures show that the work was necessary.

Re: Security deposit question by Bill on July 29, 2014 @11:24	[ Reply ]

The woman is lucky there was no unpaid rent because she would have been stuck with that too. Next time make the check out to both tenants. Let them figure out the split.

Re: Security deposit question by John Brayton (Massachusetts) on July 29, 2014 @11:55	[ Reply ]

Check your state law. Bryan may be right that you do not need to provide this information in his state of Iowa, but you are legally required to upon request here in Massachusetts. Even if not, I would err on the side of supplying all the evidence you have. Let the tenant know that you have your stuff together. John

Re: Security deposit question