Screwed again.

[AdamR]

I really need to stop renting, work non-stop for the next 5 years and buy a house. Why is it every land lord I have ever had has been nice up to the point were they have to return my money. I gave our last Landlord $2000 for security. Today, A month and a half after we moved out (which we moved out a week earlier then we planned because he had someone dying to move in) I recived a check for $500.

Attached were a few pictures of the kitchen floor under the refrigerator which leaked and he had to have some one come fix 2 times. a picture of a mop bucket that we left in the attic and a list of regular maintenance that needs to be done anytime someone moves out anyways. He even charged us $40 to clean the bathtub drain out.

To add a little salt to the wound he attached a note stating that seeing we were good tenants he wouldn't charge us late fees on the last month rent that he at the last minute decided to charge us when the new tenant back out of the deal. So it looks like I'll be wasting a day in small claims court because I refuse to get screwed over by another landlord. Im going to attach a note the lawsuit stating that since he was such a good landlord I wont charge him for the interest that the state of CT requires Landlords to pay tenants on there security payment.

No offense to any members here that Rent properties, I know there are plenty of people who could careless about were they live and destroy other peoples stuff with out caring. I have always taken very good care of were I live and Im tired of getting screwed over for being to nice.

 

[dazedduster]

i rented a place one tim the roof leaked every time it rained in te kitchen. It took him 2 years to replace the roof i moved out a year later and he charged me $500 to replace the water damaged kitcken ceiling. how the f__k was that my fault none the less i lost 500 bucks, i say win one for all of us who have been screwed

 

[memike]

AdamR!!!! you now the saying one good turn deserves anther.
And one bad turn will bite the land owner 10 fold.
They are out for there own ***.And money is his only frend.
I hope you put this behind you and have a good day.
Kick his butt in court.

 

[rumblefish360]

Adam, thats a basic play out of the LandLord hand book. Had I known your a renter, I would have given you a few tips.

Now is the time since your new in the house to video tape the intire house and make a note of everything that is not perfect. Every pinhole, every nail hole. Tarnished door knob. Etc...

Make a copy of every note you send to the Landlord requesting repair with a not on it stating your not going to be responsable for damage caused by said problem or problem that arises.

Know thw law. Your actually going to have to take the time investigating what the law is, how it is writin and speak with a lawyer. Do not be surprised if your actually lieable for the rent he charged you even though you where not living in the house. Some states actually lean for the Landlord on this matter making the last tenant lieable for the empty house.

(Just something I read that varies from state to state.)

Your going to have to think on a different level. Like how can I screw the next guy level. Leagal like. Twist words, actions, understandings writin or not.

 

[ramcharger]

In the state of Colorado, if your landlord loses a court fight over a deposit, they are liable for a minimum of three times the deposit amount. Anytime I had a problem getting my deposit back, I would remind them of the law. I always got it back except for one time when I was moving out of a small mountain town. The property manager charged me for closet door doorknobs among other stupid sh*t WTF? I didn't have the time to fight it and was making really good money at the time so I just blew it off. F 'em. Mike is right, these people will pay one way or another.

 

[C130 Chief]

Being a landlord myself, I tend to think you are getting shafted a bit, or at least taken advantage of. The FIRST THING you need to do is educate yourself regarding your state's laws regarding Landord-Tennant conduct. Go to your state's homepage, and do a search. Larger cities will have a link on their websites as well.

Now, here are a few things in your post which don't seem quite right. You recieved your check 6 weeks after vacating? Sounds like a pretty long time, check the state rules, and DO charge interest if you can, it may be all you can get and certainly helps your case. Also, there should have been an itemized statement detailing the $1500 bucks worth of REPAIRS (not upgrades) for damage directly caused by the negligence of you the tennant, and occuring exclusively during the period of your tennancy. If it was due to his lack of upkeep (and you notified him of the problem in writing), you are off the hook. Beyond that, there is typically an allowance for "fair wear and tear." In a nutshell, you are only responsibile to make it as good as it was when you moved in. So if it wasn't NEW when you moved in, you aren't required to make it new when you move out. Again, you state publishes guidlines which spell out exactly what the landlord can charge you for and how much he can mark up repairs. You have the right to see reciepts for all work done (since you are paying for it!)

Next major BS flag is the rent due after you moved out. Were you terminating the lease early? Did you give adequate written notice? It sounds like you were asked to move out earlier, was this in writing? If so, you do not owe a dime past the day the landlord asked you to vacate. If they are charging you rent during the time the property was vacant, most states require this to be seperate from the deposit.

The moral of the story...
1) Educate yourself! There are laws written to prevent arguments and hurt feelings. Learn and use them.
2) If it isnt in writing it dont exist. Actually no, but it sure helps you make your case! Paper is cheap.
3) If you can afford to rent, you can certainly afford to buy! Call a Realtor and see what a professional can do for you. There are plenty of creative financing options out there that can get you into a place without a massive down payment.

 

[Rob]

Unfortunately bad landlords get good tenants and good landlords get bad tenants I guess. I was a landlord for years, I got out of it completely because I figured sooner or later I would snap and someone would get hurt. We could only charge a half months rent for a security deposit, one suite I had rented for $500 a month they had a party and caused $12,000 damage, real damage like broken windows, not cosmetic where you just need to paint the place. You are getting jerked around by the sounds of it, if something broke I fixed it and never charged for general wear and tear. If you can buy a house go for it, it comes with its own hassles but at least they're yours. :thumbup: Good luck in court, I expect it will be worth the hassle.

 

[ProStreetDuster]

Adam, I feel your pain. when I was renting it seemed every time I'd get a raise my landlord would raise the rent, yet he NEVER fixed anything, I fixed it all for free, then when we moved he tried to screw us out of our deposit.
We wanted to buy a house, but we kept spinning our wheels trying to save as the housing prices kept climbing farther and farther out of our reach.
Finally with some advise from an Uncle who was a realitor we were able to walk into a $450,000 home with a total of about $1400.00 out of our pocket. Within a Year and a half similar houses in our neighborhood were going for $525,000 - $600,000
Now if I would of waited another year or two trying to save more money for the down payment, there is no way I could of afforded to buy here.
My loan is an Interest only loan for 5 years, then you have to refinance to something more like a 30 year fixed or something, which will make my payments go up a good chunk. So it's not a great loan, but it did get my foot in the door when I thought it was a lost cause. If you can get a better loan for your financial situation then by all means do it.
Once my foot was in the door, I found a better job that would give me steady raises so in 5 years I could absorb the jump in the house payment.
Good luck,
Rob

 

[340mopar]

Adam all states vary on what deposits can be used for. There are two types of deposits, a security deposit and a damage deposit.

A security deposit is just that, it is rent security for a landlord. If you don't pay your rent they can deduct the rent owed from the security deposit. The security deposit cannot be used for repairs or damage (see damage deposit)

A damage deposit is just like it sounds, if you damage the property the landlord can deduct the charges to repair the damages to the property from this deposit.


Like I said some states may vary on this but if your deposit was a true security deposit and it states this in writing you have a good arguement that it cannot be use for repairs. The only thing he might be able to deduct from your security deposit is the late rent fees, if any.

Chuck

 

[daves66valiant]

I have renters and I do all my own repairs if possible when the tenants inform me of an issue. I don't charge them unless it was damage they caused. Otherwise, it is just regular upkeep which is not the tenants responsiblity and i can't use their security deposit for that. It's not always fun being a rentor or the landlord. i've been in both place and I think you are getting screwed for sure. Go after what you can.

 

[Longgone]

C130 chief made a lot of good points. I`ll basically second what he said. Was it the landlords refrigerator that leaked on the floor? If it was, then I don`t know how he can charge you for the floor, especially if you notified him twice. It sounds like he`s overcharging for removing a mop bucket (from the attic) and perhaps filling some picture hanger holes. There`s a certain amount of normal wear and tear to be considered in evaluating any damages incurred during the lease term. In Va. we have the Landlord/tenant act which governs rental properties. Unfortunately for the tenants , it favors the landlord. Believe it or not some people make a living out of renting a place, paying one months rent, and basically squatting until you can get the paperwork filed, go to court, get judgement and get the sheriffs to throw them out. Meanwhile they`ve occupied the residence for 3-4 months. It`s not uncommon. If you gave your landlord proper notice (and were payed up) to your move out date, (which you left 1 week early) you should not be obligated for late payments. It sounds like he was trying to get someone in there right away ,so he wouldn`t suffer any vacancy loss. It didn`t work and now he wants you to pay for it. You need to get an itemized list of the repairs made and whatever rents and fees were charged to you. If you think you`re getting reamed then go to court and fight it, just make certain you have documentation for everything! See if the landlord furnished a move-in sheet and compare it to the move-out sheet. This should let you know the condition of items in the house over the course of your lease. Here in Va. the landlord is also obligated to pay interest on the security deposit. Good luck!