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There are way too many landlords who make up excuses to get out of paying back security deposits when the tenant moves out. Way too many!

Is there ever a case where a landlord should be allowed to keep the security deposit even though the tenant technically deserves to get it back?

In this story, one couple is in this situation. They moved out and left the place in great condition, but the landlord claims they owe him money. The husband isn’t sure if he should take the landlord to court or simply walk away and let the landlord keep the money.

Keep reading to find out why he’s so torn about what to do.

WIBTAH if I sue my landlord for fraud out of spite

My wife (25F) and I (24M) rented an attic apartment in NJ.

The landlord’s wife handled all the paperwork and receipts, while he handled maintenance.

She passed away about 9 months into our lease.

We felt bad for him, checked in on him, invited him to dinner, and tried to support him as he adjusted to being a widower.

This is crazy!

Over time, though, his behavior got strange.

One example, he took my bike without permission to “teach me a lesson” about leaving it outside, then called me pretending it had been stolen before revealing he had it.

That was my last straw, so I gave him more than 30 days’ notice and moved out.

We cleaned thoroughly and left the apartment in good condition.

Now about the security deposit…

When I asked about our $2,100 security deposit, he claimed he couldn’t find any paperwork because his wife handled it all.

After digging through our records, we found receipts proving we paid it.

Once I showed him the documentation, he spent 15 minutes telling me I was young and naive and should trust his word.

When I said I was prepared to report the issue, he handed me an itemized damage bill totaling $2175 conveniently $75 more than our deposit. He says,” looks like you owe ME”

He’s not sure if he should accept the situation or go to court.

The charges included hundreds of dollars for cleaning, paint touchups, patching holes, etc.

We have move-out photos showing the apartment was left in good shape, and the phone number on the invoice is out of service. I have receipts, photos, and documentation.

He says he knows the courts well and they’ll side with him.

Part of me is furious because this feels dishonest. Another part of me feels guilty because his wife passed away and I genuinely think grief may have affected him.

AITA if I pursue this in court?

Grief probably really has messed up the landlord, but that doesn’t mean OP should feel like he has to walk away from a $2100 security deposit he’s clearly owed.

Let’s see if Reddit agrees.

This person votes for suing the landlord.

Another person clarifies the issue.

Nobody thinks OP would be suing out of spite.

If you enjoyed this story, check out this post about a condo owner who replaced a whole a/c unit just to stop the complaints.

But they may not actually have to go to court.

Grieving is not an excuse to steal money, and that’s exactly what the landlord is trying to do. The tenants shouldn’t let him get away with it. Sure, they can understand that he’s not handling his wife’s death well, but this isn’t personal. It’s business.

I hope they get their money back.