MIA Landlord - what to do?!?

We were in a bind, we lost two houses we put contracts on, the second just 6 days before we had to be out of our house - after the contact was executed, due to a failed inspection and the sellers refusal to fix issues. It was either move into a less than ideal rental or have myself, my husband, our three children, and our dog out on the streets or living in my parents guest room.

I can clean anything so I looked past it, I made sure to document everything. I'm not worried about NOT winning if I had to take it to court, I just really didn't want it to go that far. It is what it is though.

I do have it in witting, both text and email where she said we didn't have to. Even at that, the carpets in the house were only on the two sets of stairs. Everything else was hardwood and pergo flooring. So even if she wanted to withhold the money for the carpets, the most she legally could have would have been the (maybe) $100 it would cost to have them professionally cleaned, per the lease agreement. We did go back and clean the gutters, just out of the kindness of our hearts because I have in writing that we didn't need to. Everything else was done according to the leasing agreement.

She was taken advantage of by the last property manager who never held the tenants to the lease upon moving out. When I got there, I documented every single thing down to nail holes in the wall and sent pictures with each issue description. I got taken for $2300 by a landlord when my husband and I first got married. I made sure I was extra thorough this time around.

The message is blue. I sent a few "as a text message" just in case her iMessage wasn't working.

What did your lease state about your deposit?

Because if the lease states you have to clean them it must be done. Carpeyrs must be done if srated in your lease. Even if she verbally tells you it was "OK" because verbal contracts don't supercede the lease contract.

It was your choice to move into a dirty rental. I would have made them clean it prior to moving in or made them take money off that months rent price. I don't agree with any landlord renting out a dirty, unclean property to you either. Sounds like you guys were desperate and options were slim. It happens.

Everything must be done in writing. When you gave your move out notice it should of been done in writing. When she told you that cleaning wasn't necessary upon your move out then you should of got that in writing most definitely. She needs to send you a letter in writing about keep your deposit.

Do you have a contracted lease at all?

Sounds like she is not very assertive and not good working with property renters. She probably doesn't want to tell you you lost your deposit. Shady none the less.

It's just super frustrating. We took exceptional care of that house. We did everything we were supposed to. I'm also hurt because her and I became friends, or so I thought, and bonded over the loss of our sons.

I'm hoping it's all one big misunderstanding and she lost or broke her phone or something. I'm not feeling very optimistic though.

In some states you can get 2x your amount deposit back. Contact your local housing authority.

^ Yup.

File a claim in small claims court. She needs to notify you in writing by certified mail within 30 days of you leaving, if she plans on keeping it. In certain states, you can be entitled to 2 or 3 times the security amount if she doesn't.

Save all your texts. Don't call her. Text or email only, so you have evidence of what she says.

There is nothing your realtor can do.