ll reneging on security deposit

[btbt]

I rented an apt. in Indiana last year. After I moved out, the landlord and I did a walk-through to assess damages. He said there were no damages and that I would get my full deposit back (he even wrote me a letter stating this). 45 days later, he returned the deposit minus $100. I asked him about it and he cited some repairs that were never done to the house or that were done *before* my lease began. He finally said that if I did not accept the check in hand, he would do another walk-through and would "be sure" that he would find more than $100 in damages.

Question -- can the landlord do a second walk-through to assess damages even if #1 - I have a letter stating that there were no damages from the first walk-through, and #2 between the time of the first walk-through and this so-called second walk-through my lease was over, I handed in my keys and someone else is renting the apartment?

I'm reasonably sure that this second walk-through doesn't hold water given that someone else has been renting the apartment from the day after the first walk-through, but I'd like to hear any advice.

Second, he also said that if I cash the check in hand that it will mean that I have accepted that as my final security deposit. This also doesn't seem to hold water since he reduction of the $100 is not based on anything.

<small>[ July 13, 2004, 11:33 AM: Message edited by: btbt ]</small>

[tenantTomasz]

It looks like the LL in question is a jerk and is certainly acting like one. Although I am not familiar with the laws in Indiana I am pretty sure what the Ll does is illegal. Regarding the question if you deposit a chack short by $100 whether it will mean you have agreed I would say no. My defense would be that I simply realized the schmock Ll is playing games and deposited a check in order to recover my money since the LL black mailed me he would reduce the returned deposit even further. This is as much as as a layman I can advise you.
One more thing. Your story is yet another perfect example why people should simply us a deposit as a last month's rent and not be bothered with crooked LLs' tricks later.

[Rodneystri]

File a claim in Small Claims court nd bring all paperwork tht you have and have gotten from LL.

[TenantNet]

The check is not an acceptance, but when cashing, write "without prejudice to further and complete claims" on the rear, and photo copy both sides. Better, go to small claims court or your state attorney general before cashing to explore options.

[wigal]

My previous landlord is doing something along the same lines of being a jerk about the security deposit. He is holding about $100 for 'cleaning' but said they didn't buy cleaning supplies, he didn't see it, and he is refusing to give me a list of what the $80 went to specifically. In Wisconsing its against the law to not provide that itemized list. So I"m trynig to help him I told him. I asked for the list. I said I would like it within a week. And he told me there were not items to itemiz it was for his wife's time, but if they didn't buy anything can they charge me?

[Downtown]

Most states allow the LL to charge the deposit for cleaning...if tenant has not left it "broom clean" (floors swept. toilets/tub etc clean).
LL's wife probably had all the cleaning supplies already...which is factored into time.
If you have pics of tidy place then could probably win in small claims.