I recently moved out of the home I was renting that I found in a local publication. After my boyfriend and I had moved out, he called me and explained that there was a cigarette burn in the second bedroom (a room that was rarely used.) The carpet in this room was already in bad shape-- various stains and other imperfections (I even have pictures to prove it.) Is it fair that I should be required to pay the entirety of the costs to replace this carpet? He had explained that there was to be no smoking in the house, and we were usually pretty good about it until it got to be exteremely cold outside. There is no clause in the lease about smoking, though. Also, he claims that there were some mirror tiles that were hung with adhesive that apparantly are not coming off. Would it be overstepping boundaries to ask permission to attempt to remove and repair these myself? The security deposit was a lot of money ($925) that came entirely out of my pocket, so naturally I'm concerned.
2006-06-06 04:16:33 · 6 answers · asked by mosalikewhoa♥ 2 in Business & Finance ➔ Renting & Real Estate
You should have done a checklist, but if you did not, those pictures will be useful. I would take him to court if you don't agree with him. What is in the lease is legally binding but what is not in the lease means nothing. The laws vary state to state but it sounds like you could have a small claims case. Best of luck to you..it really burns me up to see this happen. I have seen so many cases where a landlord puts no work into a place and then blames each tenant and keeps their cash. BTW, if he waited more than 30 days to contact you about it, he lost any right to keep any of it for any reason. Also, there are specific guidlines defining "normal wear and tear" Look into that stuff specific to your state. Call housing court they will answer your questions. And also, he has to provide you with specific receipts, estimates, etc. he can't just keep it all without detailed explanation.
2006-06-06 04:36:39 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Life isn't always fair.
Generally a lease provides that a landlord can set rules & regulations (they don't need to be in the lease itself). No smoking is one of these. If you broke a rule and caused damage to the property as a result of it, the landlord is well within his right to charge for for the damages, even if there was wear & tear in the affected area to begin with.
For the mirrors, you actually don't have the right to go back and repair it yourself. You probably had the right to a pre-move out inspection, and if you requested one,. he should have told you at that point that he would need to charge to get the mirrors removed. At that time, you could remove them yourself before you moved out. But now you're out of the property, and the landlord has no obligation to let you back into his private property for any reason.
Best you can do is just make sure the charges are itemized and reasonable, and that you get the balance of your deposit back.
2006-06-06 09:43:14 · answer #2 · answered by SndChaser 5 · 0⤊ 0⤋
You should have done a check-in and check-out list. If you have pictures of the carpet in bad shape before you moved in that's a point in your favor.
Also, there is such a thing as normal wear and tear that the landlord can't make you pay for. That may differ from state to state though, I'm not sure.
Call your local renter's rights people and see if they can help you.
2006-06-06 04:26:40 · answer #3 · answered by parsonsel 6 · 0⤊ 0⤋
You should always do a check-in list, and give one to your landlord, and keep one for yourself. Legally, he can hold your deposit until repairs are completed. If you disagree with the repairs or charges, you can file a complaint at district court. As a general rule, the landlord has 30 days in which to send you any money he owes. He also has the legal right, to hire whoever he wishes to do all of the repairs.
2006-06-06 04:22:29 · answer #4 · answered by grandm 6 · 0⤊ 0⤋
of course you have the right to repair the mirrors yourself ..if you can get them off and not ruin the wall they are on then tell him you want to take them down and save the cost ...and then i would fight for the security deposit , there is no way in hell a cigg. burn cost 925 to repair ..take him to court and get your money back
2006-06-06 04:23:36 · answer #5 · answered by ptmamas 4 · 0⤊ 0⤋
Threaten a law suit, providing all you say is true, then you're in the right and should be reimbursed for your entire security deposit.
2006-06-06 04:21:07 · answer #6 · answered by Anonymous · 0⤊ 0⤋