Bad rental

**Coozan** · 12-17-2011, 05:46 PM

So my wife and I rented a town house for 3 years. After 3 years our landlords came by one day and asked us if we wanted to buy the home and would give us 2 weeks to think about it. I asked what they were asking and he told us "I have an offer at $220,000" So my wife and I pondered this. Then we noticed 3 weeks before the nieghbour's house (exact same) sold for $190,000. We began to look into other homes and found our current one.

After the 2 weeks past we gave a written 50 day notice (only required 30) that we would be moving. 4 weeks after moving out I began to ask for our damage deposit. He said when he was done we could have it. I reminded him that the Rentalsmen say you have to return it no more then 7 days after you move and we were going on 30. The following day I found a letter in my mail box for small claims saying they wanted to keep our damage deposit and wanted another 2100 for damages. I then called and requested a list of damages because on the final walk through (of course I didn't get it in writing) he didn't mention anything.

His list consist of scratch's in walls, some areas needing repainting, burnt out lights, stains in carpets, base board scratch's, closet door track not working, drywall has scratch's, and a few other issues.

We have court Monday and I was getting close to putting the 2100 on my line of credit so I could move on. Then today I got an amendment saying they want 3700+ our 1200 security deposit. That I'm not willing to give.

Is there like an unwritten rule as to whats basic wear and tear? Or what not? The home was 1 year old when we moved in with our 2 kids (5 and 2 at the time)

Any and all info is great

Thanks in advance guys

**ddp2727** · 12-17-2011, 06:12 PM

My mother-in-law owns tons of rentals. Let me get with her on this and I'll get back to ya.

**Coozan** · 12-17-2011, 06:22 PM

Thanks

**ddp2727** · 12-17-2011, 06:33 PM

Just briefly touching on the subject she basically said you really needed to get the walk through on paper and signed. Also if you know that you didn't cause the damages they are claiming then it is up to you whether it is worth fighting or not. She said state laws vary from state to state so much that there isn't much more info that she can offer up unless it happened in her state. It is in the south east. You can PM me for specific state if needed.

**JD250** · 12-17-2011, 06:33 PM

State laws vary widely......all I can tell you is how it works here......if you're being honest with yourself and us about those "damages" you would have nothing to worry about....general cleaning, painting of scratches, small carpet stains are just the cost of doing business for a landlord here..... however, holes in walls, carpets that are destroyed, doors that are damaged beyond repair, broken windows and other obvious abuse damages would be paid for by the renter and would require video or photo evidence to prove.

Check your local laws and go into it with some knowledge and you may just get your deposit back in full....I'm a landlord and can tell you without a doubt that many landlords will bully renters enough that they will willingly give up their deposit out of fear of greater and more expensive troubles if they go to court.....educate yourself now.

**xelnaga** · 12-17-2011, 06:36 PM

First of, the judge will encourage both parties to come to a middle ground. Which basically means you will wind up screwed. So dont do that.

Make sure you dress in a conservative suit. Bring copies of all your rent payments to prove that you are responsible. The landlord will have to produce before and after pictures to prove that you did the damage. They will also have to justify all that $ they are asking for.

Typically courts err on the side of the tenant. So come prepared and professional and deny any damage.

**xelnaga** · 12-17-2011, 06:38 PM

My slumlord tried to "fake evict" me. She actually made up fake eviction notices and slapped them on my door every ten days.

**JohnnyVegas** · 12-17-2011, 07:41 PM

Maybe the new buyer wants certain things fixed, and he figures the best way to get that done without going out of pocket is to say that you did the damage and need to fix those things. I would fight the guy. Obviously he would need to give you a list of things that need fixing so you can dispute them.

While I have your attention, I would like to point out that someone damaged my car the other day. An unnamed witness said it was you. I have taken the car to a body shop and they say the damages are $85,000. I won't tell you what the damages are...you know what you did. You will be receiving a letter shortly.

**xelnaga** · 12-17-2011, 08:27 PM

"I wont tell you what the damages are... you know what you did" HAHAHA

**Coozan** · 12-17-2011, 09:11 PM

LOL thanks Jonny

**slfmade** · 12-17-2011, 10:08 PM

4900.00 is WAYYYYYY too much for the damages you described. Any decent handyman could fix those things for 1k or less. You're getting screwed. He may have a deal with a handyman where he gets a high quote and gets kick backs. Tell him you want to send your own licensed handyman out to get a quote of the damages. When your handyman comes back with a "real" quote. Tell him you're counter sueing for fraud. That'll get em off your back!

**Eddie_m63** · 12-17-2011, 10:09 PM

Originally Posted by slfmade

4900.00 is WAYYYYYY too much for the damages you described. Any decent handyman could fix those things for 1k or less. You're getting screwed. He may have a deal with a handyman where he gets a high quote and gets kick backs. Tell him you want to send your own licensed handyman out to get a quote of the damages. When your handyman comes back with a "real" quote. Tell him you're counter sueing for fraud. That'll get em off your back!

Now is up to the judge to decide if the repairs are justify.

**SG2009** · 12-17-2011, 10:37 PM

Tell him to cry u a river about stat lol

**Coozan** · 12-18-2011, 08:50 AM

Correct me if I'm wrong. But there has to be a certain point where the just consider thing "wear and tear" we lived there for 3 years (36 month but there trying to say 28) with 2 kids. I'm kind of thinking "what would you expect"

But I maybe wrong ;s

Here's where things get fun. I couldn't help but notice the listed the property for sale. Is this money supposed to pay for the home while its vacant? Good thing my buddy is a realtor. I'm going in the home today for my own pictures

**Coozan** · 12-18-2011, 09:06 PM

Well most the nicks they spoke of weren't fixed. He had painted yes, but just over the nicks. He wants $980 for the kitchen floor. But he didnt even change it. He may say he intends too. But im going with the "the home is listed for sale? Your telling me if the home sell's your still going to fix it?"

He did replace or repair base boards where there was nicks.

Like am I un reasonable? or are these part of owning rental property?

**Armykid93** · 12-21-2011, 03:39 PM

What an ass, people like that are disgusting.

**JD250** · 12-21-2011, 05:12 PM

Around here, all those things are just part of doing business as a landlord, normal wear and tear, take pics and stick to your guns, he has the burden of proof.