Deduction from Deposit

By Dawn

My landlord wrote me a personal check for the return of my deposit.  When he handed it to me he said he deducted $400 for a scratch on the wood floor.  Besides the fact that the scratch was already there, $400?  My question is more about whether or not I should cash the check he gave me for less than my original deposit?  I am most definately disputing the $400 but I need the remainder of the deposit to use toward my new place and can’t afford to just not cash this check?  Can I do that and still dispute the $400 he deducted? 

Edited on: Monday, September 20th, 2010 3:45 am

3 Responses to “Deduction from Deposit”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Joe

October 23rd, 2008 1:29 pm

As long as you file a complaint with RPA and make note that cashing the check does not constitute acceptance of the amount and you receive verification from RPA of acceptance of the case you can cash the check. Be sure there is not any notation on the check stating cashing this check acts as agreement to the terms etc.


Renter

October 28th, 2008 7:30 am

I would dispute the charge to your deposit! I’m going through something similar with my landlord. He is charging me $225 for painting. I haven’t dared to cash the other $275 check that was refunded until I disputed the charge. I didn’t want him to say that I accepted the terms. I too was wondering if I could cash my rental deposit refund check without accepting his terms, but now I will do what Joe mentioned. I just finished filing a complaint with the RPA… I now have a case number and now I’m just waiting for it to be assigned to an agent.
THANKS JOE!


anonymous

October 29th, 2008 5:58 am

I used to manage apartment complex’s in Bakersfield California… Anytime someone would cash our refund deposits we considered it an acceptance to the terms. However, you can bypass that by doing the complaint thing with the RPA. So, before you cash the check— I would suggest doing the complaint or you may just be automatically losing $400.


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