Do I have legal grounds for an apt. complex keeping a deposit for painting & carpet cleaning when services were not performed.

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Do I have legal grounds for an apt. complex keeping a deposit for painting & carpet cleaning when services were not performed.

Last day the apt. was occupied was May 15th & new renters moved in early on the 16th. The apt. Mgr. kept MOST of the deposit money for painting entire 3 B/R apt. and carpet cleaning (unnecessarily). The services were not performed.

Asked on June 17, 2009 under Real Estate Law, West Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

The best you can do is to take your ex-landlord to small claims court and sue him/her for the money.  He/she will have to bring proof of painting (receipts for purchase are good too) and carpet cleaning.  If you cna get any proof that the new renters took occupancy the day after you left that would help.  If you have any pictures upon vacating the apartment - you say the carpets were in good shape - that would be a plus. 


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