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Lease Deposit Dispute Resolution
Summary
In Utah, landlords must return security deposits within 30 days, providing an itemized list of deductions. If deductions seem excessive, such as cleaning fees, tenants can dispute them by gathering evidence like photos and lease agreements. An addendum can override lease terms if signed by both parties. To dispute charges, draft a demand letter outlining the issue, evidence, and request for a refund. Landlords must provide proof of deductions, including receipts and photos. Cashing a partial refund may imply acceptance of deductions, so consider sending a demand letter first.Full Conversation
Lease security deposit return in Utah
Hi ****! In Utah, landlords must follow specific rules when it comes to returning a security deposit:
- Landlords have 30 days after a tenant moves out to return the deposit.
- Deductions must be itemized and provided in writing.
- If the landlord fails to comply, you may be entitled to damages.
Was the deposit not returned within the *-day period or were there unjust deductions?
- Landlords have 30 days after a tenant moves out to return the deposit.
- Deductions must be itemized and provided in writing.
- If the landlord fails to comply, you may be entitled to damages.
Was the deposit not returned within the *-day period or were there unjust deductions?
It is being returned but there is a deduction for cleaning that I feel is excessive and unwarranted
****, in Utah, landlords can only deduct for damages beyond normal wear and tear. If you believe the cleaning charges are excessive, you might consider disputing it.
- Gather evidence: Photos, videos, or witness statements showing the property's condition when you left.
- Request itemization: Ask for a detailed breakdown of the cleaning costs.
- Write a demand letter: State your case and request a refund of the excessive charges.
Would you like more information on writing a demand letter or any other steps?
- Gather evidence: Photos, videos, or witness statements showing the property's condition when you left.
- Request itemization: Ask for a detailed breakdown of the cleaning costs.
- Write a demand letter: State your case and request a refund of the excessive charges.
Would you like more information on writing a demand letter or any other steps?
The lease stated the cost for a * bedroom turnover cleaning cost was $* but then there was an addendum stating that the entire deposit could be returned if * conditions were met, which all were and I returned the unit in a cleaner condition then received. I believe they are charging me an additional $* for carpet spot cleaning when the carpets were not cleaned upon move in (I haven’t received the itemized list yet).
****, it sounds like you have a strong case. Here are some steps you can take:
- Wait for the itemized list: Ensure you get the detailed breakdown of the charges.
- Gather evidence: Photos or videos of the unit’s condition when you moved out.
- Compare documents: The lease and the addendum regarding the deposit return conditions.
Would you like help with drafting a demand letter once you receive the itemized list?
- Wait for the itemized list: Ensure you get the detailed breakdown of the charges.
- Gather evidence: Photos or videos of the unit’s condition when you moved out.
- Compare documents: The lease and the addendum regarding the deposit return conditions.
Would you like help with drafting a demand letter once you receive the itemized list?
Would the addendum override the lease?
In general, an addendum can override the original lease terms if it specifically addresses and changes those terms. Here are some key points:
- Addendums are legally binding.
- They must be signed by both parties.
- They should explicitly state any modifications to the lease.
Would you like more detailed information on how to proceed with this situation?
- Addendums are legally binding.
- They must be signed by both parties.
- They should explicitly state any modifications to the lease.
Would you like more detailed information on how to proceed with this situation?
Yes
****, here are some detailed steps to proceed:
- Review the Addendum: Ensure it has both parties' signatures and explicitly states the conditions.
- Wait for Itemized List: Verify the charges, especially the $* for carpet cleaning.
- Draft a Demand Letter: Clearly state your case, referencing the addendum and providing evidence.
Would you like help drafting this demand letter?
- Review the Addendum: Ensure it has both parties' signatures and explicitly states the conditions.
- Wait for Itemized List: Verify the charges, especially the $* for carpet cleaning.
- Draft a Demand Letter: Clearly state your case, referencing the addendum and providing evidence.
Would you like help drafting this demand letter?
Yes
****, to help you draft a demand letter, here's a basic outline you can follow:
- Introduction: State your details, rental address, and the lease period.
- Issue: Explain the excessive charges for carpet cleaning.
- Evidence: Mention the addendum, conditions met, and the property's condition on move-out.
- Request: Ask for a refund of the excessive $* charge.
- Conclusion: Provide a deadline for a response.
Would you like a more detailed template or assistance with specific wording?
- Introduction: State your details, rental address, and the lease period.
- Issue: Explain the excessive charges for carpet cleaning.
- Evidence: Mention the addendum, conditions met, and the property's condition on move-out.
- Request: Ask for a refund of the excessive $* charge.
- Conclusion: Provide a deadline for a response.
Would you like a more detailed template or assistance with specific wording?
I would like to dispute all of the charges (the $* cleaning turnover and the $* additional) as I returned the unit cleaner than received and the carpets were never cleaned upon move in. The carpets were also at end of life in Utah (over 5 years old) they also double charged me for utilities that I had already paid.
****, you have a compelling case. Here’s how to draft your demand letter addressing all the charges:
*. Introduction:
- Your name, rental address, lease period.
*. Issue:
- Dispute the $* cleaning fee and $* additional charge.
- Mention double-charged utilities.
*. Evidence:
- State the addendum, conditions met, and unit’s condition upon move-out.
- Note carpet's age and initial condition.
*. Request:
- Ask for a full refund of the disputed amounts.
*. Conclusion:
- Provide a deadline for response.
Would you like a more detailed template or assistance with specific wording for any section?
*. Introduction:
- Your name, rental address, lease period.
*. Issue:
- Dispute the $* cleaning fee and $* additional charge.
- Mention double-charged utilities.
*. Evidence:
- State the addendum, conditions met, and unit’s condition upon move-out.
- Note carpet's age and initial condition.
*. Request:
- Ask for a full refund of the disputed amounts.
*. Conclusion:
- Provide a deadline for response.
Would you like a more detailed template or assistance with specific wording for any section?
Yes
****, here's a detailed template you can use for your demand letter:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Date]
[Landlord's Name]
[Landlord's Address]
[City, State, ZIP Code]
Dear [Landlord's Name],
Re: Dispute of Security Deposit Deductions for [Rental Address]
I hope this letter finds you well. I am writing to formally dispute the deductions made from my security deposit for the property located at [Rental Address], where I resided from [Lease Start Date] to [Lease End Date].
Issue:
*. Cleaning Fees: I was charged $* for turnover cleaning and an additional $* for carpet spot cleaning. According to the lease addendum, the entire deposit should be refunded if specific conditions were met, which I adhered to. Furthermore, the carpets were not cleaned upon my move-in and were over 5 years old, indicating they were at the end of their life.
*. Utilities: I was double-charged for utilities that I had already paid in full.
Evidence:
- The signed lease addendum explicitlystates the conditions for the deposit return.
- Photographs and videos documenting the property's condition at move-out.
- Receipts or statements showing that utilities were paid.
Request:
Given the above points, I kindly request a full refund of the disputed amounts:
- $* for the cleaning turnover fee.
- $* for additional carpet cleaning.
- Any double-charged utility fees.
Conclusion:
Please respond to this letter within 14 days. If the matter is not resolved promptly, I may consider further action to protect my rights.
Thank you for your attention to this matter.
Sincerely,
[Your Name]
---
Would you like any specific wording or sections to be adjusted?
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Date]
[Landlord's Name]
[Landlord's Address]
[City, State, ZIP Code]
Dear [Landlord's Name],
Re: Dispute of Security Deposit Deductions for [Rental Address]
I hope this letter finds you well. I am writing to formally dispute the deductions made from my security deposit for the property located at [Rental Address], where I resided from [Lease Start Date] to [Lease End Date].
Issue:
*. Cleaning Fees: I was charged $* for turnover cleaning and an additional $* for carpet spot cleaning. According to the lease addendum, the entire deposit should be refunded if specific conditions were met, which I adhered to. Furthermore, the carpets were not cleaned upon my move-in and were over 5 years old, indicating they were at the end of their life.
*. Utilities: I was double-charged for utilities that I had already paid in full.
Evidence:
- The signed lease addendum explicitlystates the conditions for the deposit return.
- Photographs and videos documenting the property's condition at move-out.
- Receipts or statements showing that utilities were paid.
Request:
Given the above points, I kindly request a full refund of the disputed amounts:
- $* for the cleaning turnover fee.
- $* for additional carpet cleaning.
- Any double-charged utility fees.
Conclusion:
Please respond to this letter within 14 days. If the matter is not resolved promptly, I may consider further action to protect my rights.
Thank you for your attention to this matter.
Sincerely,
[Your Name]
---
Would you like any specific wording or sections to be adjusted?
Should I cash the partial refund received or wait for resolution
Cashing the partial refund might be seen as accepting the deductions. Consider the following steps:
- Send the demand letter first.
- Wait for the landlord's response within the stipulated time.
- Cash the check if they agree to the refund or if you decide to accept the partial amount later.
Would you like assistance with any other part of this process?
- Send the demand letter first.
- Wait for the landlord's response within the stipulated time.
- Cash the check if they agree to the refund or if you decide to accept the partial amount later.
Would you like assistance with any other part of this process?
What type of proof does a Utah landlord have to provide
****, in Utah, landlords must provide specific proof when making deductions from a security deposit. Here's what they need to provide:
- Itemized List: A detailed written list of damages and charges.
- Receipts or Estimates: Proof of costs incurred or estimates for repairs.
- Photos or Videos: Evidence showing the property's condition and damage.
Would you like any more details on how to handle disputes if the landlord doesn't provide adequate proof?
- Itemized List: A detailed written list of damages and charges.
- Receipts or Estimates: Proof of costs incurred or estimates for repairs.
- Photos or Videos: Evidence showing the property's condition and damage.
Would you like any more details on how to handle disputes if the landlord doesn't provide adequate proof?
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