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Is there a way to get Mom's security deposit back and/or have this false black mark on her background check removed?
Anonymous7 views1 answers
On October 28th, my mother suddenly became very sick following a "repair" to her heater in her trailer. My brother and I did our best to move everything after she fell ill, but I couldn't help much because I became severely ill myself after entering the trailer. When we returned to my apartment after attempting to clean out the trailer (two days after she fell ill), we sent Mom to the emergency room where she was found to have high, but still within normal range levels of CO in her body. Now our former landlady is withholding our security deposit due to the fact that we couldn't finish cleaning out the trailer, and making it hard for Mom to rent another apartment because of this black mark in her background. The landlady says the cleaning bill was $200. Mom paid $495 for the security deposit. We were not able to clean the trailer properly because of the serious health risk from the leak. When we reported the leak to the building manager, she just said we should have told her sooner, though we contacted her within 48 hours. Mom needs her deposit to get an apartment, and I don't think she should have had to pay for the cleanup since it was impossible for us to do it ourselves.
Did they refund the remaining $295? If all you are seeking is $200, it won't be worth your time to hire a local attorney. You might check to see if there is a legal aid or some other legal service for those that may not be able to afford an attorney. Call the Kansas state bar and see if they can point you in the right direction.
Typically a landlord would be within their rights to withhold a portion of the deposit for cleaning expenses, even if to have the carpets professionally cleaned. You might check the lease to determine whether any of that is addressed. You should also check the landlord tenant laws in Kansas and verify whether the landlord complied with the rules on refunding deposit/giving notice of any portion being withheld.
If you believe the deposit was wrongfully withheld you will likely need court intervention for a return of the deposit. You should check with the court that handles eviction proceedings in your county and find out if they have a simple process where you can dispute the deposit being withheld. Some courts have forms for such a purpose, allowing tenants to easily make/file a complaint seeking a return of the deposit. The problem you may run into is proving their was a leak and it was dangerous to be in the trailer and thus you could not clean it out. Without representation by an attorney, your mom will need to represent herself in a proceeding. Individuals not admitted to practice law are precluded from representing others in court proceedings.
