Security Deposit not Settled Since 6 mnth - Can I go Small Court

[Raghu Chavan]

Landlord – 75 Cinnamon Spring, South Windsor, CT 06074,

I vacated the house on 29th Oct 2017 after they inspected and agreed it’s in good condition and after 1 month I requested him to settle the deposit then he asked for my new address which I provided my new address, he send the check and maintenance receipts explained below. I replied to him with details given below for that he was not replying so I sent him back the check and asked him to discuss and settle down my security deposit amount $1300. Now, he is keeping full amount and not replying to me. I have send multiple mail, email and calls he is not responding to the queries or suggestions given below. Even I tried through Coldwell Bank Agent and Cinnamon Spring Management he is not responding - almost 7 months now. Need your suggestion.

Landlord mentioned 2 issues in reply to deposit - 1. CARPET CLEANING. 2. SEALING REPAIR.

• 1.CARPET CLEANING: Initial landlord sent me a fake receipt/bill with $296.72.

Tenant replied: 296.72- This is not a bill as it does not have invoice number and date mentioned on it and it’s just an invoice online any one can get it. So, I cannot agree on this bill. I had sent you the pictures of the cleaned carpet and house. We had done a carpet cleaning before leaving the house. While taking the house itself I had mentioned to you that to get the carpet changed in the living room as its worn-out and when I took the house carpet and deodorization was in bad shape. While leaving your representative mentioned there is no issues with house and its absolutely fine so we gave the keys to her. But, we were surprised with this deduction which was not mentioned while taking the house keys. Even Coldwell bank is agreeing that carpet was in bad shape when I took over for rent and he cannot chart for cleaning.

Landlord replied: with another bill saying there was a discount on the bill the amount came down to $256.35. Surprisinglythe clearing vendor and the bill was totally different.

Tenant Replied: Sorry to let you know this but again the carpet cleaning invoice provided is not having the invoice number, provider name or their address.

Landlord has not replied to this request for 7 months now.

• 2.SEALING REPAIR $746.96: This issue happened way back in June/July 2017. We had some email exchange about this issue and I made it clear it was not our fault.

Issue: My daughter had spilled a mug of water in the bathroom and she informed her mother and she cleaned it. Meanwhile below house landlord came to us saying that the water is leaking through her roof and she also mentioned it’s been happening since long timeand told that she will call cinnamon management and get it checked. Cinnamon management came and told us to get the toiled cracks sealed so the water will not leak down easily and they repaired the below house sealing. Landlord sent me a bill of $746.96 because of water leak and management did sealing repair. Landlord agreed to split the bill details given below. But landlord did not involve us in any of the discussion happened between management and him.

Landlord: deducted full amount $746.96 from the house deposit when I vacated the house in Oct 2017.

Tenant:746.96- As we have already discussed on this issue and I have given enough proof and explanation that it was not my mistake.

• ØAs its already mentioned by bottom house landlord that it was not that day’s issue,it just aggravated on that day. Its been there for long. That means your bath room has cracks and it’s not sealed properly and i had mentioned in my previous emails that you need to get it repaired and still you did not get it repaired.
• ØI also tried with my insurance as well to reimburse and you did not give the proof of leakage which is required by the insurance, so they rejected the claim. If this happened to current tenant again they will have to pay for it, as you have not done the water leak proof to the bathroom and not replaced the broken tiles?

• ØBefore I vacated - Landord agreed: Email dated on 7th September 2017 (email text copied below).

" I am willing to split the total amount of the invoice ($746.96) and pay 50% or $373.48; and, in addition, given a possible financial hardship, allow you to make monthly incremental payments towards your share of the balance ($373.48) over three months, beginning inOctober 1, 2017 and ending on December, 1, 2017. Further, I would recommend that you file a claim with your tenants insurance and recoup (after the deduction) some of the aforementioned expense; your settlement based on a total of $746.96 after deduction ($500) would net $246.96, which you could apply towards the balance ($373.48). Again, this is only a recommendation, which I would do if I were you—however, that is ultimately decision".

• ØLandlord email dated 6 Sep: "However, I will have the repair service determine if the tiles are in need of repair in either the bathroom or kitchen area—which should determine an issue— or not—and alleviate any further concerns with water".

Now Tennent Suggesting: - Yes we can split the bill 50%-50% for this Landlord is not agreeing. If you are currently not willing to pay 50%, then I strongly suggest that we can get the repair service guy (professional plumber) investigate and determine this issue. I am not convinced yet, because of spilling a mug of water (single incident) should not have caused such a damage in the bottom house ceiling and as the person who lives in unit 76 has also quoted that there were leaks few times before we started living in your unit.This is the reason I want a professional guy to let us know whether it was a chronic problem (because of improper water proof sealing in the bathroom), which got aggravated because of that one incident or a mug of water (single incident) can caused such a havoc.

Please clarity the commitments given by you earlier in email and settle down the deposit amount at the earliest.

I have tried to reach you multiple times through email as it was the official communication we had since beginning of the rental agreement since 2016.

I have tried to connect with you through Coldwell Management; they told you did not respond to them as well.

If you do not respond within a five working days, it shall be assumed that you are withholding the deposit unfairly and we will therefore be taking it to small court.