Is it legal for the landlord to keep part of my deposit because she did not like the color paint?
Full Question:
My landlord withheld $150 of my security deposit because she did not like the color I painted the living room and dining room. The walls of the apartment had to painted when I moved in they were trashed! I paid for all the paint and supplies. I don't think it's right she kept my money is she allowed to keep my money since it was not damage to the property?
11/30/2007 |
Category: Landlord Ten... ยป Repairs |
State: New Hampshire |
#13113
Answer:
The following are New Hampshire statutes:
540-A:6 Procedure.
I. (a) A landlord shall not demand or receive any security deposit in
an amount or value in excess of one month's rent or $100, whichever is
greater.
(b) Except as provided in subparagraph (c), upon receiving a deposit
from a tenant, a landlord shall forthwith deliver to the tenant a signed
receipt stating the amount of the deposit and specifying the place where
the deposit or bond for the deposit pursuant to RSA 540-A:6, II(c) will
be held, and shall notify the tenant that any conditions in the rental
unit in need of repair or correction should be noted on the receipt or
given to the landlord in writing within 5 days of occupancy.
(c) No receipt shall be required when the tenant furnishes a security
deposit in the form of a personal check, a bank check, or a check issued
by a government or nonprofit agency on behalf of the tenant. Regardless
of whether or not a receipt is required, the landlord shall provide
written notice to the tenant that a written list of conditions in the
rental unit in need of repair or correction, if any, should be given to
the landlord within 5 days of occupancy.
II. (a) Security deposits held by a landlord continue to be the money
of the tenant and shall be held in trust by the person with whom such
deposit is made and shall not be mingled with the personal moneys or
become an asset of the landlord until the provisions of RSA 540-A:7 are
complied with, but may be disposed of as provided in RSA 540-A:6, III.
(b) A landlord may mingle all security deposits held by him in a single
account held in trust for the tenant at any bank, savings and loan
association or credit union organized under the laws of this state in
satisfaction of the requirements of RSA 540-A:6, II(a).
(c) A bond written by a company located in New Hampshire and posted
with the clerk of the city or town in which the residential premises are
located in an amount equivalent to the total value of a security deposit
held by the landlord on property in that city or town shall exempt the
landlord from the provisions of RSA 540-A:6, II(a) and (b).
III. (a) Any landlord who holds a security deposit shall turn the
security deposit over at the time of delivery of the deed or instrument
of assignment, or within 5 days thereafter, or within 5 days after a
receiver has been qualified, to one of the following:
(1) his grantee upon conveying the premises in which the rental unit is
located;
(2) his assignee upon assigning his lease to the rental unit;
(3) the receiver in a foreclosure action or other lien of record
affecting the property in which the rental unit is located, upon the
judicial appointment and qualification of the receiver; or
(4) the purchaser at a foreclosure sale or other lien of record, if a
receiver has not been qualified, upon the conveyance to another person by
the referee of the property in which the rental unit is located.
(b) The landlord shall notify the tenant by registered or certified
mail of such turning over, including the name and address of the
grantee, assignee, purchaser, or receiver who then holds the security
deposit.
(c) Any landlord who turns over to his grantee, his assignee, a
purchaser at a foreclosure sale, or the receiver in a foreclosure action
the amount of such security deposit with interest due, if any, is thereby
relieved of liability to the tenant for repayment of the deposit. The
transferee of the security deposit is then responsible for the return of
the security deposit to the tenant or licensee, unless, before the
expiration of the term of the tenant's lease or licensee's agreement, he
transfers the security deposit to another, pursuant to RSA 540-A:6,
III(a) and gives the requisite notice pursuant to RSA 540-A:6, III(b). A
receiver shall hold the security subject to its disposition as provided
in an order of the court to be made and entered in the foreclosure
action.
(d) RSA 540-A:6, III(c) shall not apply if there is an inconsistent
agreement between the landlord and tenant or licensee.
IV. (a) A landlord who holds a security deposit for a period of one
year or longer shall pay to the tenant interest on the deposit at a rate
equal to the interest rate paid on regular savings accounts in the New
Hampshire bank, savings and loan association, or credit union in which it
is deposited, commencing from the date the landlord receives the deposit
or from September 13, 1977, whichever is later. If a landlord mingles
security deposits in a single account under RSA 540-A:6, II(b), the
landlord shall pay the actual interest earned on such account
proportionately to each tenant.
(b) Upon request, a landlord shall provide to the tenant the name of
any bank, savings and loan association, or credit union where his
security deposit is on deposit, the account number, the amount on
deposit, and the interest rate on the deposit and shall allow the tenant
to examine his security deposit records.
(c) Notwithstanding RSA 540-A:7, I, a tenant may request the interest
accrued on a security deposit every 3 years, 30 days before the
expiration of that year's tenancy. The landlord shall comply with the
request within 15 days of the expiration of that year's tenancy.
540-A:7 Return of Security Deposit.
I. Except as provided in RSA 540-A:6, IV(c), a landlord shall return a
security deposit to a tenant and pay the interest due, if any, within 30
days from the termination of the tenancy. If there are any damages to the
premises, excluding reasonable wear and tear, the landlord may deduct the
costs of repair from the security deposit. The landlord shall provide the
tenant with a written, itemized list of any damages for which the
landlord claims the tenant is liable, which shall indicate with
particularity the nature of any repair necessary to correct any damage and
satisfactory evidence that repair necessary to correct these damages has
been or will be completed. Satisfactory evidence may include, but not be
limited to, receipts for purchased repair materials and labor estimates,
bills or invoices indicating the actual or estimated cost thereof.
II. If the tenant is required under the lease agreement to pay all or
part of any increase in real estate taxes levied against the property and
becoming due and payable during the term of the lease, or if there is
unpaid rent due, or if there are other lawful charges due under the lease
which remain unpaid, the landlord may deduct such share of real estate
taxes or unpaid rent or unpaid charges from the amount of the security
deposit. The landlord shall provide the tenant with a written, itemized
list of any claim for unpaid rent or share of real estate taxes or unpaid
charges for which the landlord claims the tenant is liable, which shall
indicate with particularity the period for which the claim is being
made.
540-A:8 Remedies.
I. (a) Any landlord who does not comply with RSA 540-A:6, I, II
or III shall be deemed to have violated RSA 358-A:2.
(b) Any landlord who does not comply with RSA 540-A:6, IV or RSA
540-A:7 shall be liable to the tenant in damages in an amount equal to
twice the sum of the amount of the security deposit plus any interest due
under this subdivision, less any payments made and any charges owing for
damages, unpaid rent, or share of real estate taxes as specified in RSA
540-A:7.
II. Notwithstanding RSA 540-A:6, 540-A:7, and 540-A:8, I, a landlord
shall not be liable nor forfeit any rights if his failure to comply with
said sections and paragraph is due to the failure of the tenant to notify
the landlord of his new address upon termination of the tenancy. Any
deposits plus interest due on the deposit that remain unclaimed after 6
months from the termination of the tenancy shall become the property of
the landlord, free and clear of any claim of the tenant, absent fraud.
III. Any provision in any lease or rental agreement by which the tenant
is purported to waive any of his rights under this subdivision, except as
provided in RSA 540-A:6, III(d), shall be void.