Legal Question in Landlord & Tenant Law in Connecticut
My landlord is trying to with hold my security deposit for normal wear and tear such as a few normal scuffs on the walls, faded paint and a portion of paint above the sink where the paint above the kitchen sink has peeled away due to a leaky faucet which he knew about and had a plumber come and fix. (It's a very small patch of paint mind you and he wants the whole kitchen reprinted even through he agrees the rest of the kitchen is not marked or peeling at all) There was a minor hole in the wall in a downstairs half bath but we repaired it with the proper patch and plaster and painted the entire wall with paint he had left so it matched. The house was left spotless clean and we have pictures to prove this. We have always paid our rent on time and never given him any issues however he would be demeaning and talk down to us when we would text him and ask for a repair. The washer and dryer that were included for use in the lease were not usable for six months of the 12 month lease.
1 Answer from Attorneys
Generally, if a tenant has caused damage to the property, the landlord must return only the amount of the security deposit that is left, if any, after the landlord uses it to fix the damage and must provide an itemized list of what was charged for the damages. It is helpful for a tenant to inspect the apartment with the landlord prior to moving out, to take photographs and have a third party inspect the apartment, and repair all damages caused by the tenant. It seems here that you have done so, by cleaning the apartment and taking photographs.
If you feel that your landlord is illegally withholding your security deposit you may start a small claims law suit against your landlord. This suit can be filed in the housing session, in the appropriate Small Claims area location near you. Any small claims case may be filed at the Centralized Small Claims office at 80 Washington Street, Hartford, CT 06106. Keep in mind that it costs $90.00 to start a small claims case in court.
If you have any further questions please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at [email protected].