I live in Nebraska. I moved out on August 31 and today is Sept 21. Security Deposit?

UPDATED: Sep 30, 2022

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I live in Nebraska. I moved out on August 31 and today is Sept 21. Security Deposit?

I moved out. I was never late on rent and the house was clean. I had the
carpets professionally cleaned. However, there were 2 stains that they could
not get out. I was up front and showed the landlord prior to moving out. The
carpet was not new when I moved in 2 years ago. In fact, it was probably the
original carpet that was put in when the house was built in 2008. I have
pictures of how I left the house.

They have not returned my deposit and when I asked they said they were
waiting to hear back from a carpet stain removal company.

I did a little research online and I believe the Nebraska state law says they have
to return the deposit within 14 days.
What can I do????


Asked on September 22, 2016 under Real Estate Law, Nebraska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Based on what you write, it appears that the stains did occur while you were living there. If so, and if they were beyond simple normal "wear and tear" (which they probably were, if you are referrring to them as "stains"), the landlord may deduct the cost to remove the stains or, if they can't be removed, replace the carpet from your security deposit and only return any remaining balance after doing so. (Even older carpet may be legally replaced at the tenant's cost if the tenant caused stains to it.)
If you disagree and believe that you did not cause those stains, or disagree with how much the landlord withholds (or how long he is withholding without documenting his cost to remediate and returning any remaining balance), you can sue (e.g. in small claims court, acting as your own attorney, or "pro se") for the return of the deposit. But be aware that if the landlord can show you caused the stains and can prove a reasonable cost to stain remove, repair, or replace, he will be entitled to that amount.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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