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If your landlord or letting agent refuses to use the ADR service you can take them to court instead. If you agree about part of your deposit, you should get back the money you agree on quickly. Youll usually get your money back in 10 days - it depends on your situation and what scheme your deposit is in.
Your landlord cannot withhold for damage caused by previous tenants, or for normal wear and tear to the property. Normal wear and tear: A worn carpet, peeling paint, or dusty fixtures are examples.
If a landlord does not return the entire amount of the tenants security deposit within the 21 days required by law, and the tenant disputes the deductions from the deposit: The tenant can write a letter to the landlord explaining why he or she believes he or she is entitled to a larger refund.
Within 30 days from when your tenancy ends, your landlord must return your full security deposit, or the portion left after deductions for unpaid rent and/or the cost of repairs. You can sue your landlord in small claims court if you do not get your security deposit back within 30 days.
Painting the walls is an owners responsibility unless the walls were damaged by the tenants. If theres a big hole that requires sheetrock to repair it, then the tenants can be charged for that damage.
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Phoenix Property Management: Normal Wear and Tear vs. Landlords are responsible for general wear and tear items; youll have to pay to get the property ready for a new tenant, and that will usually include things like painting and carpet cleaning.
Youll need to take your landlord to the small claims court to get your money back. Youll usually have to pay some court costs to go to small claims court - you should get the costs back if you win your case.
The landlord may deduct from the security deposit: Rent that is still owed; The tenants share of increased real estate taxes if the lease or other written agreement permits it; The cost of repairing damage other than normal wear and tear.
Rules surrounding returning a deposit If your landlord holds your deposit (so should be protected in the Insured scheme), the landlord should pay your deposit back within 10 days of your request for the deposit to be returned. A tenant cannot request the return of their deposit before the tenancy ends.
It all boils down to what is written in your lease and its important for a landlord to put down the specifics of painting and cleaning of the property in the lease agreement. If this is not in the lease agreement a landlord cannot hold the previous tenant liable for the costs unless the property has been damaged.

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