Can I use small claims to get a security deposit return? Posted on April 22, 2011Prior to move out, I asked management to do a preliminary walk through inspection. My intent was to have the manager make an initial inspection that would enable me to know what further cleaning and/or repairs would be required to receive my entire security deposit. At this inspection I was informed that the apartment was in excellent condition, including the stated "good" condition of the carpet. The Lease Agreement stated that upon terminating the lease that the carpets would have to be professionally cleaned. Having this fact in mind, I asked if I simply left the "professional cleaning" in the hands of the apartment maintenance personnel how much would it cost? I was informed "no more than $125". Management exlained to me that the $125 would be deducted from the security deposit. I then agreed to this.
On March 6, 2011, the final inspection was conducted by both the Manager and Assistant Manager. The findings were that the apartment was in excellent condition and that the entire security deposit, minus the $125 carpet cleaning fee would be refunded.
On the Management Move Out CONDITION REPORT, each and every line that the Management Person filled out on each and every Item was either written as "Clean", "New", or "Normal". This document was signed by the Assistant Manager on March 7, 2011.
On April 11, 2011, I received a check in the amount of $205.12, instead of the full refund of $300. The Invoice stated a charge for "Cleaning" $15,
Power scrub (carpet) $35 and an additional amount of $44.88 for an additional day of rent. Regarding this last item, on Sunday, March 6, the day of the final inspection, since it was near closing time, management told us (my roommate and I), that they were unable to give us a final CONDITION REPORT till the next day. They asked me to come by and pick up the Report at which time I could then turn in the keys. Since, that "next day" was one day past the close of the 9-month lease, I was charged the additional
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