Legal Question in Real Estate Law in Alabama
Was Security Deposit Refunded in Timely Manner?
I understand some states have 21 days to refund security deposits. What is the law in Alabama? I vacated the rented premises on March 4th, 2002, and the security deposit was mailed to me on April 11th, 2002. That's 38 days. Was my security deposit refunded in compliance with the laws in Alabama? She also withheld $250 to clean the carpet, $150 for housecleaning, $75 to wash windows. Thank you. I personally cleaned the property as I have always done to be entitled to refund. Nothing else was mentioned. Am I responsible for all the professional cleaning for the next tenants? Now that I have filed a Sm Clms suit against her for the above expenses, she is countering me with $144 blindcleaning, $535 to replace a internal door, $ for misc repairs/ replacements = $869. I lived there almost 4 yrs and that's reasonable wear/tear and better conditions than when I moved in. She is finding anything for leverage and I can't afford to lose anymore $. There wasn't a walk-through coming into or out of the lease. Is she being fair? Should I drop it? She is trying to scare me and it's working. What are my chances of winning what's fair?
2 Answers from Attorneys
Re: Was Security Deposit Refunded in Timely Manner?
Well, I don't think you have much of an argument on the time-frame of getting your deposit back. As for the deductions, that really depends. Did your lease specify that a certain amount would be withheld for carpet-cleaning, regardless of its condition? Some leases do have that provision. If not, you need to prove that it was left in substantially the same condition than when you signed the lease. If you have pictures that can be dated or some individuals who may be able to testify that there was really no change in the condition of the carpets, you could use that. If not, you could also attack the amount of the charge. $250 seems excessive for carpet cleaning and so does $150 for other cleaning. It's obvious that she's only adding the other charges because you filed suit. I think she will have an uphill battle proving that you owe the extra, unless you really did damage the internal door and leave the blinds dirty, etc. This is really going to be a battle of facts, not law-unless your lease has some provision bearing on what charges are contemplated. Without knowing everything, I cannot really give you detailed advice.
Re: Was Security Deposit Refunded in Timely Manner?
She will claim in court that you were a pig. You will claim that you left the premises spick and span. She may have photos. You are out of possession and will not. This will be a classic swearing match. Though I doubt she will prevail on her counterclaim, I would not bet on the outcome of your case in chief either. Since you have filed you case, go to court and hope to come across as the most honest of the two of you. Be responsive, be respectful to all persons in court, keep your cool, be certain in your answers, don't argue with the opponent or the judge, and keep your fingers crossed!