Security Deposit

[Stephen Dickey]

Hello,

I am currently dealing with a situation in the state of SC where a previous landlord has contacted me and told me he was going to bill me due to the condition of the condo I was renting. He cited things such as the washer/dryer being dirty, a cleaning crew was needed, and a leak behind the fridge. The day I moved out, I had a walk through with him where he wrote me a check for $400 for my security deposit which was initially $500. 

Now he is coming back saying that he is going to bill me when all work is complete and that he expects payment at that time. This is ridicolous, as I felt as if I had cleaned the apartment well enough that anything else would constitute under normal wear and tear.

My question is that, under SC law, since he has already initiated a walk through and given me what he thought was an applicable refund of my security deposit, does that not constitute a done deal?

Is he legally allowed to bill me? I by no means felt as if the condo was left in bad shape, and dont believe that it is near as filthy as he is making it out to be.

Any advice or suggestions would be appreciated.

Thanks.

[Kimberly H.]

I can tell you as a landlord it’s impossible to see all the damage/cleaning needed in a ten minute final walk through and that’s why I don’t do them anymore. In fact it can take me several trips to a house before I notice the cat vomit in the corner, that half the blinds don’t work, that the door frame is damaged from someone forcing the door open, the marks on the floor are in fact burn marks not dirt, an unauthorized satellite dish on the roof, etc. Unless South Carolina has a law preventing it, the landlord is within his rights to charge for cleaning/repairs regardless of if he returned the security deposit already or not. However, in my state, he has to provide in writing to your last known address an accounting of what the damage/cleaning was and how much it cost to remediate within 30 days and let you know the balance in 45, or if a shorter time is given in the lease then meet that.

Normal wear and tear only includes things like carpet/pad getting smushed over time from walking on it, floor wear, sunlight fading, washers failing over time leading to leaky faucets, it doesn’t include insufficient cleaning on your part. I would wait until you get something in writing from him, whatever is included as the definition of “in writing” per the terms of your lease.Keep in mind if you don’t pay him, future landlords may call him for reference, and he may place a collection on your credit report for the amount owed, and/or take you to small claims court.