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I'm pretty sure my landlord is trying to scam me?
I moved out last month - no broken lease. Provided forwarding addresses. Hired a cleaning crew and provided receipt for the services. Left the place spotless. I was only there for a year, and honestly, I didn't even unpack because I knew after a month the landlord was INSANE (ie: coming into my apartment without warning, found the maintenance man drunk in my apartment, etc.)
Received a letter today stating I owed a significant sum of money for various repairs such as:
Damaged hardwood floors (I'm already demanding pictures of the "damage")
Ceiling fan
Toilet seat
Rubbish Barrel
Window blind
window screen
Rodent infestation
Insect infestation
Burned out bulbs
Replacing smoke detectors and batteries (already calling bull on this)
For a reported electrical problem while I was living there that was functioning when someone showed up
Snow removal
Removing trash (again, I left the place empty and spotless... unless she's trying to charge me for taking trash out when she came into my place unwarranted)
Restaining the back deck (that I never used)
Cleaning (two labors, three full days...more bull)
Repairing the washer and dryer
Application Fee and water bills (which I have proof of already paying)
My questions is how do I go about this? I'm guessing small claims court, but is there anything I can do before I have to bring it to that?
8 Answers
- Poisson FishLv 65 years agoFavorite Answer
If the landlord ultimately refuses to give you your deposit back, your only option is small claims court unfortunately. Document EVERYTHING! If you have pictures of the place when you moved in and when you left, be prepared to show them. If you have receipts for fees you already paid, keep them.
Some of the charges you outlined, such as rodent infestation and repairing the washer and dryer, are 100% the landlord's problem unless your lease states that you were responsible. I'm guessing a judge is going to land pretty heavy in your favor if you take this guy in.
Before you do that, you should definitely talk to the landlord if you haven't already. There's a chance (small chance perhaps) that they will suddenly be reasonable and drop everything. Failing that, threaten to take him to court. It might scare him enough to start acting properly. If that doesn't work, file the court papers. Make sure to sue for your deposit and court costs.
He'll have to sue you separately for payment of the so-called "damages" if he wants that money. Don't pay him a cent unless you are ordered to by a court.
- R PLv 75 years ago
Google your state's landlord tenant laws & read them. You will find out there what the steps are that you have to take before you file a lawsuit.
Normally, you send a letter disputing the charges and ask for copies of the reciepts. You can also use this letter to politely demand your full security deposit (especially if she did not postmark the envelope within the time frame required by your state's laws).
Then, if she doesn't respond, you file a lawsuit.
Source(s): FL landlord - JackLv 65 years ago
Ideally, you will have completed an inspection form when you moved in. On it you should have itemized every single blemish -- and have a signed copy from the landlord. Most states require your landlord to provide you with a check-in form, but do not require that it be completed.
Absent a correctly completed check-in inspection form, it's going to be his word against yours.
Many of the listed items can not be charged to you...ever... like infestations, replaceing the smoke detectors, electrical problems, snow removal, repairing the appliances, staining the deck.....
So yes - it sounds like your landlord is "scamming" you.
- realtor.sailorLv 75 years ago
If you didn't do walk through inspection with the landlord just prior to vacating you'll have a hard time disputing the damages.
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- anonimitieLv 75 years ago
There does seem did bit a significant amount of routine wear and tear on the list. I wouldn't expect to pay for the deck staining anymore than carpet, for instance. Yes, it sounds like you may be destined for small claims court but, some of the expenses may be legitimate. So, is the savings/difference of your disputed expenses worth it?
- Anonymous5 years ago
I had a rental company try to do that to me, and I disputed everything I felt wasn't accurate. I caused enough of a fuss that they dropped the charges and have me my deposit, all without having to go to court. I wrote letters, called and emailed.
- LILLLv 75 years ago
Gather up all your evidence and sue the landlord in small claims court. Hopefully you have dated photos/video of the property on the date you move in and the date you moved out.
- ?Lv 75 years ago
Since you hired a cleaning crew, did you take any pictures after it was done ? Get the cleaning crew to attest the place was clean