Rental Deposit Deduction Disagreement

[Shannon Richardson]

Hey everyone, this is a question from a renter's perspective. I had a dog at the last place I rented, and when the new tenants moved in they complained to the owner about bug bites. It was something I had dealt with in the past as well but never brought it up as an issue. The landlord had the place treated for fleas, even though I know for a fact there were none, but is taking it out of my security deposit.

This is only one of the charges that I disagree with, but I'm curious if it's legal. What is the best way to dispute disagreed charges, whether it's something like this, or something like a damaged door that could be attributed to wear and tear? 

[Jennifer T.]

I think what you are really asking is "is it correct?".  Not "is it legal", because a landlord (LL) can legally take whatever they want out of a security deposit as long as they have a legitimate reason to believe those are their damages.  Which isn't necessarily the same thing as "correct".

You can make the argument to your former LL that fleas did not exist when you lived there and they aren't your fault.  Including that the current tenants may have brought them.

As for the door, I gotta be honest, there isn't much to do with a door that I would consider "wear and tear".  I have doors in my own home and in some of my rentals that are 10+ years old and still look near perfect.  I suppose minor dings/chipped paint would be "wear and tear".  But even that would only be if you had lived there for at least a few years.

Your first shot is making you best case to your former LL.  But unfortunately, if they still don't agree with you, the only step you have left is to take them to small claims court.