Security deposit Question about personal items.

[George West]

I had a question for the more seasoned of you.  I moved out of an condo after two years and prior to move in, many of the landlords items were there, including , old plants, some very old very used kitchen items in bags.  Prior to move in, we said we didn't want any of it, so he took some of the stuff, and left a lot and said it was ok to throw away the rest of the items to make way for our personal belongings and new furniture.  Now two years later, he is trying to claim deductions from security deposit as we moved out few weeks ago, for many random items, planters, broken key holder, spatula, spoons, etc.  The point is does have right to do this when it wasn't explicitly mentioned in lease? 

[Greg M.]

I'd remind him that there was junk in the unfurnished unit when you moved in and he told you to toss the stuff.

If he argues, ask him to provide receipts for each missing item along with the local depreciation schedule (or IRS schedule if local is not available) for each item. When he balks, make it clear that he will need to provide this info to the court when you sue him for the remainder of the deposit, so he might as well get working on it now.