Landlord-Tenant dispute/security deposit refund

[Shawn Underwood]

Hey,

Hoping I can get some advice for a landlord tenant dispute in regards to the security refund on my rental property. After the tenants moved out I did a walkthrough and the place was filthy (tenant’s said they paid a cleaner $180 to clean the property but it was not clean at all). I will ask for a receipt from them but I just got the place cleaned again. I also noticed 2 drawers were missing from the refrigerator and they said they were not missing when they left the place. The lease was only for the rental property but I also own the 2 adjacent parcels and I said they can be used during your tenancy but I have the right to revoke the usage at any time (plan on building 2 houses there). Well they used the space and built multiple gardens that will now need to be removed and there are some chairs and a workout machine/pull-up bar that was left as well. I estimated (didn’t get a confirmation on the amount) that it would be $325 to have their stuff removed. They are saying the lots were not in the lease so they are not responsible for it. It is clearly their trash so they should be liable for removal correct? They are also complaining about other charges but I will supply receipts for those from the contractor that completed it.

Also, if there is a dispute like we are having and the security deposit isn’t refunded prior to the 30 day timeline what happens? I actually never had issues like this in the last 15 years of renting.

Thanks for the advice

[Matthew Olszak]

@Shawn Underwood 

First, don't bother asking for their receipt for the supposed cleaner. It makes no difference - you found the unit in unkempt condition and have to pay someone to clean it, so that's what the tenant will need to reimburse you for via their deposit.

Hopefully you have messages or emails about their use of the side-lots. My argument would be that it is a verbal lease as confirmed by their possessions being left there, regardless of the written lease for the apartment.

If you don't pay back the deposit during the statutory timeline, that will depend on your local laws/ordinances. Here in Chicago you could be royally screwed. In other areas nothing more than liable for the disputed amount.