I just received my deposit back and I have over $500 worth of items deducted. My landlord deducted a cleaning fee despite the fact he charge me on on the lease, he deducted for lock replacement, toilet paper, paper towels, and even a missing part his maintenance worker took. I called him to ask about them and he started screaming at me then hung up when I told him not to speak to me that way. I left him 2 messages and I am now mailing all my documents showing where he should not be charging me. He refused to pick up when I called again so I feel a letter would not help and I am thinking of taking it to court. I have been in this situation before with him when it came to fixing the place so I know how difficult he can be.
2006-09-16
10:30:38
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14 answers
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asked by
TLC
3
in
Business & Finance
➔ Renting & Real Estate
The locks were messed up from the time I moved in. He attempted to fix it but the wood on the frame was rotten and his worker told him so. It was not closing securely. I even have my letters where I reminded him. I am in florida.
2006-09-16
10:53:37 ·
update #1
The cleaning and lock replacement came up to $400. The other stuff came up to $200 for a $600 total.
2006-09-16
10:59:19 ·
update #2
First of all it sure sounds like you are being taken advantage of. As to whether you have a case or not only a local attorney can tell you. You need to remember that for the filing fee and a piece of paper you can sue the pope for rape proving it is a whole different matter and in most cases very expensive. Knowing this many states have, on many occassions addressed the issue of righting a wrong in rental disputes such as yours and have set up departments to handle such complaints so that the consumer does not have to go through the court proceedings and expense to do so. You might want to check on what the law of your state says on Landlord tenant here is their link;
http://www.leg.state.fl.us/statutes/index.cfm
You might also want to go to your state's site and look up the attorney general's consumer fraud division to see if they are set up to assist you. Here is their link:
http://www.myflorida.com/
I wish you well.
Buena Suerte
2006-09-16 11:14:24
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answer #1
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answered by newmexicorealestateforms 6
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He can deduct for damages to the appartment. so yes you probably have a case, it doesn't sound like there was $500 worth of damage, but make him prove it in court. Did you take pictures? Always do that when you move in and when you leave. You should not have to pay for toilet paper! Also depending on the state that you live in, the landlord only has 30 days to send a letter to your address enforming you of the damages and the resulting deductions. If he did not do this within the timeline allowed (and you live in one of the states that requires this) then again you have a case.
2006-09-16 17:42:16
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answer #2
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answered by hilarywow 3
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You are not required to leave toilet paper in a vacated apartment and changing the locks are his responsibility, not yours. You definitely have a case, but be careful. Filing a civil claim can cost you more than the $500 you have already lost, and you might not win the case if you don't have an attorney, which can cost thousands. You might start by contacting your state board of professional and business regulations. And if he as a real estate license, report him there also. He might rather come up with the money than to lose his license.
2006-09-16 17:34:41
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answer #3
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answered by Emm 6
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if the lock was undamaged then he could not charge you for it. as far as TP and paper towel those are soppose to be supplied by the person that takes up residencey not the land lord. If you do take it to court make sure that you have a good paper trail of reciets showing what you have payed for rent, on time. second go to small clams court, you will have a better chace in that kind of court room.
2006-09-16 17:40:07
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answer #4
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answered by Speedy 3
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i'd say you have a case but then again i'm no lawyer...i do, however, work at the district court and see a lot of these cases come through. it's all dependent on documentation. if you've got the paper to back your statements then you have a shot, and you should also go after him for court costs as well, including your attorney fees, which you should definitely consult!! good luck!
2006-09-16 17:33:20
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answer #5
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answered by vrandolph62 4
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You may have a case. You could take him to small claims court and let the judge figure it out. Keep all documentation. It will take a while to get through the court system and then even if you win you will have to find a way to collect from your landlord.
2006-09-16 17:39:09
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answer #6
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answered by rscanner 6
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yes you have a case. what he has done is proof enough of that. his attitude only confirms it. people don't have those attitudes unless they know they did something wrong. if you go to www.findlaw.com you can find lawyers (you need a tenant one probably) and you can email them asking for feedback and a consultation. or you can find lawyers in the yellow pages and find one (probably tenant). and you can always go to your local lawyer bar and they will give you a free consultation. i never hired a lawyer. i had to get a public defender which is not the same thing. take initiative, quit calling him or writing him, and get a lawer immediately. it will be worth it because i'm sure you can sue him for damages too.
2006-09-16 17:34:06
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answer #7
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answered by ISOBESTANSWERS 2
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You might think about the costs of taking him to court. If you lose, you may be obligated to pay HIS court costs. I'd report him to the Better Business Bureau.
2006-09-16 17:33:22
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answer #8
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answered by spitonapit 4
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depends on the state where you reside what the laws are for rental agreements....and just because the law code says your right doesnt mean the judge agrees. good luck
2006-09-16 17:32:39
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answer #9
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answered by mekellygirl 2
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Get a lawyer as soon as possible, try to move to another place.
2006-09-16 17:36:09
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answer #10
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answered by Linnette4605 1
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