Return of Housing Deposit

Yes, even though it is an old trick, but still some landlords use it over and over again. My problem is the landlord had refund part ($80,000) of our 2 months deposit ($102,000) and claimed that the rest ($22,000) will be calculated after the electricity and water bills arrive and will deduct accordingly and make a refund to us. After waiting for more than 2 months, i sent a fax to him and asked if the bills have arrived, and he replied with a long letter claiming damages

(1) for $42,000 for nail holes on the wall (we hang paintings on the wall, so there are nails; i checked the lease right away, no clause mentioned about wall - nailing is not allowed)

(2) for $10,000 for scratched floor in dining room area, which we had spotted when we moved in and told him about this already through agent, but it was 4 years ago, and we don't have any written prove on this.

(3) for scratches on the steel counter cooking stove, he said it is permanent damages and can't be repaired. I checked town gas, to replace a same new one is $3,480.


He gave me 2 options:


(1) he will forfeit the deposit $22,000 for the damages we made and reserve the right to claim any outstanding sum.


(2) i do the repair and he will refund to me.


the trick of option 2 is the repair job has to reach his satisfaction and how would i know if he will make the refund after i pay for the repair???

Can anyone give me some advise!!!!!