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All Forum Posts by: Stas Vernon

Stas Vernon has started 1 posts and replied 7 times.

Post: getting security deposit back in South Carolina

Stas VernonPosted
  • Real Estate Professional
  • Central, SC
  • Posts 7
  • Votes 0
Originally posted by @Max T.:
Just watch a few episodes of judge Judy. There's always something landlord-tenant in there.

Is it really how it goes in small claims court?

Seems like a show rather. 

Post: getting security deposit back in South Carolina

Stas VernonPosted
  • Real Estate Professional
  • Central, SC
  • Posts 7
  • Votes 0
Originally posted by @Gail K.:

You're NOT going to find a law specifically listing each and every break down of what a landlord can take out of a security deposit in South Carolina.  If you disagree with what was kept from your security deposit you typically write what is known as a "demand" letter, demanding what you believe you are fairly owed from your deposit and giving management a certain amount of time (say, two weeks after they receive the letter) to return these funds to you.

Yes, already send it. Waiting for their reply


If no satisfaction then you consider a lawsuit for these funds.  Such lawsuits are typically handled through Small Claims (or your states version of such) as they involve relatively small amounts of money in dispute.  Your photographs you made at move out (the court may not agree to view your video's if these require additional electronics to be set) would be your evidence to dispute any claims of damages management may

Can I bring my notebook and use it in a court for showing video?

make.   Filing for this court is relatively inexpensive and if you've never attended such a hearing you can always attend a few prior to yours to see how they are run.

So all small court hearings are open and I can attend any? Would be great help to prepare.

Post: getting security deposit back in South Carolina

Stas VernonPosted
  • Real Estate Professional
  • Central, SC
  • Posts 7
  • Votes 0
Originally posted by @Randy E.:
Originally posted by @Max T.:

replacing stove drip pans costs what, $8?

 That's what I was thinking, too.  Not to mention that should be an item replacement considered normal wear and tear.

I would love to hear the amount of security deposit that was withheld.  

I have to assume that somebody from the rental office finds this thread, therefore cannot post exact values here as it will make too easy to identify that I am their client. Can give approximate numbers though. They charged me OVER 25$ for drip pans and about 250$ total.

Post: getting security deposit back in South Carolina

Stas VernonPosted
  • Real Estate Professional
  • Central, SC
  • Posts 7
  • Votes 0
Originally posted by @Chris DeTreville:

I've seen a lot of apartments that tenants claimed were clean where cleaners had to go back in and it could be for a variety of reasons.  The landlord should have given you a specific set of instructions on what they expected.  As for it being cleaner than when you moved in, hopefully you had some sort of move in checklist or inspection where you documented where it was dirty.  I'm not sure about the drip pans. 

I recently met my former neighbour from the same building and same rental agency, she said she moved out BEFORE the end of the lease, left her apartment in complete mess and even with damages and she was not charged for anything! But she is a native American.

Therefore I believe this has nothing to do with how well I cleaned the apartment. They simply know that I am not native speaker, recently in US therefore don't know the law and  hence its going to be easy to cheat me. 

So to sum up the current state is: I have sent certified mail to them and ready to go to a court in case it does not help but still have no idea how to build my position.

I think more or less clear is only for with stove drip pans: the law says a landlord cannot charge for normal wear and tear, hence they will have to prove that all 4 pans are in need of replacement and still it is going to be prorated depending on average pans life and cost, which is also can be disputable. Am I right?

If yes, how do show the average life of pans in the court? With price is should be easy I could bring a picture from some shop.

Post: getting security deposit back in South Carolina

Stas VernonPosted
  • Real Estate Professional
  • Central, SC
  • Posts 7
  • Votes 0
Originally posted by @Daryl Williams:

i worked at an apartment complex for a couple of years but i have never heard of the second charge. Why would you need to turn on the water for cleaning? Shouldn't it be turned on already. Anyways the other two are legit but if you've taken care of these issues then you should receive your full deposit. If you have video and photos then you could probably speak to an attorney and get a professional opinion.

Thank you for your reply! The thing is that water was in my name while I was leaving at the apartment, so I had to turn it off upon leaving. I gave a move-out notice to the rental company, which has clear water turn-off date with their signature.  Since you have so much experience, are you familiar with South Carolina law where I can determine what can be charged and what not?

Is there a legal document for South Carolina that clearly says to which condition should be apartment cleaned? I am ready to go to a court, but don't know what exactly do I need to prove there and therefore will have no chance especially that I am not a native speaker.

I am poor therefore cannot afford to go to a lawyer much, otherwise why I would ask for help from random people on the internet?;) 

Post: getting security deposit back in South Carolina

Stas VernonPosted
  • Real Estate Professional
  • Central, SC
  • Posts 7
  • Votes 0
Originally posted by @Maggie Tasseron:

Hi Stas: First, you need to check the Civil Code for your State as it should have a list of items that can be legally deducted from your security deposit. I'm pretty sure you will find that turning on the water will not be on that list

Hello, that you for your reply. My internet access is limited, so I cannot reply as often as I would like, sorry.

I found Civil Code about security deposit for South Carolina (SECTION 27-40-410):

http://www.scstatehouse.gov/code/t27c040.php

There is nothing said about how clean should the apartment be upon move-out and doesn't have a list of items that can be legally deducted from your security deposit. Is this the Civil Code you are talking about? Or could somebody point me to the appropriate document?

Post: getting security deposit back in South Carolina

Stas VernonPosted
  • Real Estate Professional
  • Central, SC
  • Posts 7
  • Votes 0

Hello,

I am trying to get my security deposit back. I cleaned the apartment very well upon move-out (I've spent a lot of time cleaning and left it in probably better condition than in when I moved-in) and there was no damage (the rental agency doesn't even claim damages in move-out charges list).  I also provided cheque for professional carpet cleaning to them.  I have made photos/videos upon move-out so I believe I can win the case as there is nothing that I didn't pay or violated etc. 

But I have no idea which charges are legal and which are not... which forms to use to submit the case to small claims court. Actually never been to the court before so don't know where to start.
I already tried to settle the issue by phone/email.

The the rental agency listed the following charges in move-out inspection form:
1) Apartment cleaning
2) Turn on water for cleaning (city charge)
3) Stove drip pans replacement

I don't agree with any charges and believe that at least the 2nd charge is simply illegal, but how to prove it in the court?

Are these charges legal in SC?

Are there other ways to get deposit back from  the rental agency besides small claims court?

Any even very basic advise will be useful for me. Please don't assume that I know smth b/c it is very common. Thanks!