In landlord-tenant disputes, tenants have legal rights to receive their full security deposit back if they leave the property in good condition, and landlords must provide documented evidence of any damages to justify withholding the deposit; courts will rule in favor of tenants when landlords cannot prove property damage or when tenants have actually improved the property beyond its original condition.
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Young Couple Sues Landlord After He Steals Their Security Deposit For Supposed Property DamageAdded:
Tell me about the property.
>> Yeah, and then >> In February of 2013, I found the home on Craigslist. I was about 6 months pregnant at the time and it was a cute little home. The contractors were still working on it. There were a few little minor repairs that needed to be done.
>> Okay, and so did you end up signing a lease?
>> Yes, ma'am.
>> Do you have a copy?
>> Um I do and initially we had put down um roughly $2,500 after the security deposit, first month's rent and we had to pay for a stove.
>> How much was the security deposit?
>> The security deposit was $1,000.
>> And how much was your rent, monthly rent?
>> $915.
>> And this was a 1-year lease?
>> Yes, ma'am.
>> Okay. So, what was the date you actually moved in?
>> We did not move in until April the 15th of 2013.
>> Okay, and that's the date that the lease started?
>> 21st, but the lease says it was the 15th. The only reason why we had to move in on the 21st was because he got the inspection and then he gave me a list from the inspector stating that in order to move in, windows had to be replaced, uh concrete had to be installed in the door frame in the basement, patches, holes and he told me that we cannot move in until they were done.
>> Yo, what? Dude, why didn't you take care of this before you listed the property?
Now you have a 6-months pregnant lady out on the streets waiting to move into her dream home.
>> Okay, so at the end of the lease, was there a walk-through?
>> He wasn't even in the right city. Come We moved out on the 12th of April. Our lease ended up on the 15th of April. And we did a final walk-through by ourself as we walked out the door.
>> Okay, so you never did a walk-through with the defendant?
>> We never did.
>> But he contacted you a few days later and said that he was keeping your security deposit. Why did you keep their security deposit? What was your reason?
>> First of all, I apologize. I could not be there on the on the 14th of uh of April to do an inspection cuz I was playing a gig in Kansas City and I told him about this. I was there literally on the 15th early in the morning. I came out there and me and my wife we drove by and my jaw just literally dropped when I saw my fence that they were supposed to install. I mean, it looks like a chicken fence.
>> Well, tell me about that. You said there's they were supposed to install a fence. What was Was there an agreement to do that?
>> We I agreed with him and I and she she volunteered about it. She brought up the idea.
>> Initially when we did the walk-through, because I was 6 months pregnant and I'm about to have a small child and the house was not enclosed, I asked um if we could put in a fence because >> Do you have pictures of the work that you say you did? Okay, cuz I want to see the enhancements that you made to the property and I want to see I want to see that.
>> The deposit was going to be $1,500 on and the rent was going to be $850. So, we agreed that since we couldn't pay the $1,500 deposit, that we would pay more in rent every month. So, we would pay $915 instead of the $850.
>> Made up for the fire alarm.
>> And what is this a photo of?
>> This is the basement. That was where the AC unit lines come in from the outside.
That was a clear hole and when the inspector came down, that was actually you could see out through it. I patched that up myself and on the other side of it >> of him coming into the property in the first place.
>> I patched the door frame, too.
>> about the enhancements that they did, but you don't dispute this, right? That he did this work. Okay, next photo.
>> That's a window in the basement that it's and that's in glass blocks in the hall and several of those blocks were broken out and according to the St. Louis City code, all of that had to be filled in on both sides because if there were glass like blocks there, you couldn't just put a piece like one piece of glass there.
It had to be double-sided.
>> photo.
>> That was There was nothing that top deck. There was nothing there. I actually customized the top part of it and painted it, sanded it down, installed it myself. There was nothing there when we moved in there.
>> we had for you to move in in the house.
>> that you say that's the agreement, I I want to see what the enhancements that they made. So, this is not in dispute that they made these enhancements, but I want to be able to see them for for myself.
>> Yo, what? It seems to me that the defendant is taking advantage of this young couple. Dude, she's 6 months pregnant. Don't you have a heart? They are doing so much for this property, enhancing it. Enhancing it to a level where it's just livable to be there. And then he has the audacity to take away THEIR SECURITY DEPOSIT?
HELL NO.
>> SO, I WANT TO ADDRESS YOUR counterclaim now because you're saying that when the plaintiffs moved out, there were a lot of damages to the home and that you had to rebuild the fence. What was the problem with the fence? I'm sorry, who are you?
>> I'm his wife and business partner.
>> Okay.
>> I'm Leanna Carey Canyon.
>> Okay, why don't you have a seat for a second, ma'am. I want to go through some uh some of the counterclaim with your husband. So, what was the issue with the fence?
>> The fence was real too thin, okay? No gates and it's not old fence to us.
>> Yes, I do.
>> the picture now.
>> And your honor, we drove by the house before flying out here. The fence is still there. And the way that the backyard is set up, there are large concrete paths. You cannot put in a gate in there. As per our agreement, the only thing that was stated about the fence was that it not be a privacy fence.
>> That was it.
>> Okay.
>> I did not put yes.
>> honor?
Can I say something?
>> Yes, please step up to the lectern.
>> Okay, um like um uh his fiance said, they asked for fence themselves cuz they had baby, right?
Coming >> away. Let's put these up on the >> on the way.
>> flat screen.
>> It's supposed to be childproof fence.
That's my understanding and fence should be enclosed space, right? Fence area.
>> Is this the picture of the fence?
>> Yes.
>> Okay. What's the issue there? You just don't like it?
>> No, we like the color, it's fine. But the quality is not good.
>> not in Well, the issue is the only thing you have in writing about the fence is that a fence is installed. You did not include a specific detail about the height, the color, the type of material they needed to use, the quality, nothing. All you said all you wrote in the agreement was that a fence needed to be installed and I'm looking in this photo, there's a fence.
>> Yeah, bro. Why are you upset? Listen, they just put up the fence to protect their baby. I don't think a baby's going to get through that. Also, there wasn't a fence there to begin with. So, if it's so feeble and fragile, just take it down yourself. Why is it that so many landlords are just pure evil? I firmly believe that landlords are demons from hell. When the church says that there is demons walking among us, this is what I'm talking about. Can someone say la la landlord, la la Lucifer?
>> You also have an issue with the carpet.
Let me see the photo, the damage to the carpet. Okay, what is this a photo of?
>> It's just a one of the steps going up. I guess they just They're just little things.
>> Did you do this?
In the video on the day that we left, you can see going up the stairs that that carpet is not like that at all.
>> Let me see the video.
When was this video taken?
>> The day we moved out. It was April the 12th.
>> It doesn't show It doesn't show the date.
>> immaculate in this video.
>> Better than what it was when we moved in. I'll tell you that much.
>> No, it was painted all white. You keep bringing up I painted it.
>> Is this the carpet?
>> See, as you're going up the stairs, that picture is taken right there in the landing.
>> There >> There you see the seam in the carpet.
>> See right there? It's actually right there.
>> How did that seam go from that on this video to what you have in your photo? Go back to the photo.
>> To be honest, I have no idea.
>> Bro.
Dude, even if that seam was ripped because of them, they still left the property in better condition than them when they moved in. I'm starting to stutter because I'm so upset. And when I get upset, I do an anxiety dance.
>> First of all, as it relates to the fence, the only thing you put in writing was that a fence was to be built, and they built a fence. So, I'm not giving you any damages for having to replace that fence.
Based on all the evidence I've seen today, I find in favor of the plaintiffs. I think that they left this home in better condition than when they moved in, and frankly, I think you should be a little grateful for that. My verdict is for the plaintiffs, $1,000.
Pay them their security deposit back.
>> Period. We love TO SEE IT.
GOSH, GOSH, I I just cringed at myself.
Anyway, >> [laughter] >> I totally agree with this judgment, dude. They were basically moving into a shack, and they made it a home. The landlord should be thanking them for putting on so many enhancements to the property. I'm going to say it right now, not all landlords are like that. My landlord is actually pretty dang great.
Shout out Eric. But for the most part, landlords can be really ridiculous and pretty much evil. If you're a follower of mine and you're a landlord, defend yourself.
>> [laughter] >> I mean, what do you guys think about this? I mean, how ridiculous is it that they had to do all these enhancements and improvements and work on the house in order to move in? Like, that's a pretty insane thing to require of someone. Do you guys think that the landlord had the right to keep the security deposit? Because I don't. If you do, please comment below and tell me your reasoning, and it better be good.
What do you guys think about the judgment? Do you think it was too much, too little, or just right? I would love to know your thoughts. Let me know.
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Love you.
>> Hell no, NO. ED reacts. We all do the Virgo >> [singing] >> anxiety dance together.
Watching all the judges clips with him makes so much sense. Hell no.
>> What was that?
>> [laughter]
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