We recieved a notice from the landlord that we owed him over $1000 for repairs (carpet, ice bin, etc) that he made 3 months after we moved out. WE lived in this place for over 3 years, and it was not new or renovated before we moved in. When we moved out, the landlords wife told us that the carpet problems and paint, were part of normal wear and tear, and not to worry about them. then, 3 months later, we get the "bill", so to speak. I would say that the condo we lived in was at least 20 years old, and well worn. what are my options? does anyone have any advise?
2006-10-29 12:30:21 · 9 answers · asked by Mstrofppts 2 in Business & Finance ➔ Renting & Real Estate
First off, did your landlord or his representative perform a move-out walk-through with you when you left? Did you retain a copy of it?
Secondly, did you receive an accounting of move-out damages within 30 days of your moving out? (most states require this)
I would seriously consider contacting a legal aide office or an attorney. Your ex-landlord has a limited amount of time (usually 30 days) to provide you with notice of impending charges. These have to be verifiable and documented damages. Otherwise he is responsible for returning your security deposit minus agreed upon charges.
If your landlord does not follow the proper proceedures/timelines established in your state's landlord/tenant law, he gives up those rights.
2006-10-29 16:15:12 · answer #1 · answered by CMR2006 3 · 1⤊ 0⤋
Yes, she can take you to court even five months later, but will she win is another matter, Did she complain at move out or send a letter in a timely way? You've done right in keeping your photos, expect her to lie that will keep you from being surprised and stay focused. She is not going to win, if your check list shows the damages were already there when you moved in, you don't have a worry. Who she had to do the work doesn't matter, you didn't do the damage she is suing you for, your pictures and check list will weigh heavily on what ever decision made. You are already doing what can be done. Just out of curiosity, how did you end up in mediation and not regular land lord tenant court? Good Luck.
2016-05-22 06:22:04 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Paint and carpeting, if you live in a place more than 2 years, you are normally not responsible for these things. It's usually a sliding scale, for example
You lived there 6 months - and the place needed to be recarpeted and repainted - you are responsible for all of the costs
You lived there 1 year - you are responsible for half of the costs
You lived there 2 years - Normal wear and tear, you are not responisble.
Check your local state statutes.
2006-10-30 03:38:36 · answer #3 · answered by sovereign_carrie 5 · 0⤊ 0⤋
Typically the landlord has 30 days to settle up...charges against security deposit and to inform you of any damages above and beyond that amount. 3 months? Well, he can take you to court, but it would not seem likely he would win, unless he can prove something you did and managed to conceal for those three months...and to prove the damage didn't occur during that 3 month period.
2006-10-30 01:01:36 · answer #4 · answered by kingstubborn 6 · 0⤊ 0⤋
The law only requires that you leave the place as clean as you found it, minus normal wear and tear.
Could you speak to his wife to get confirmation of what she said? Did you take pictures before you left, or do you have any taken close to when you left?
I think the time lag would play in your favor if this goes to court.
2006-10-29 12:39:30 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If you can prove that you are not responsible for any damage that was incurred during your stay in the apartment, the landlord has no right to go after you for repairs that were done after you moved out. Consult your local rental board.
2006-10-29 12:33:18 · answer #6 · answered by Blue Jean 6 · 0⤊ 0⤋
he is just trying to recoup his expenses which he has already by renting to you. three months is too long to wait and he should have said something when you moved out and dealt with it then. the courts will not hold up his expenses when they come after 3 months. let him worry about it and tell him to take it to court where he will lose. just make sure you show up the refute the charges
2006-10-30 04:49:33 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Yes he can. Anyone can cue anyone for any reason. The real question should be, can he win?
Maybe if you have some photos showing that the damage was already, you might have a good chance of beating him if he does try to sue
2006-10-29 12:41:21 · answer #8 · answered by piesyor 2 · 0⤊ 1⤋
id talk to a friend who is in law. or call a laywer if anything comes up.
2006-10-29 12:37:40 · answer #9 · answered by Alicia R 2 · 0⤊ 1⤋