He is saying that he had to replace the carpet in the entire apartment b/c of a burn hole in the living room. He says that he gave me new carpet before I moved in (he said he would, but never did). The burn hole was there when I moved in, and a rug covered it the entire time I was in the unit. The big problem is that I dont' have pictures before and after I moved in.
What are my options?
2006-12-01 04:58:03 · 5 answers · asked by wvukid21 2 in Business & Finance ➔ Renting & Real Estate
When you moved in did you fill out any sort of "Move-in/Move-out condition" form? A lot of apartment complexes and property managers have new residents fill out a form detailing the condition of the apartment prior to you moving in so you dont get charged for any damage that was a pre-existing condition upon move in.
Did the landlord give you an itemized description of charges to your deposit within 21 days of you moving out? I dont what the laws are where you live, but out in CA you have to do that within 21 days of moveout or the property manager is screwed.
Short of that, small claims court sucks, but if it was a large deposit it might be worth it. The owner/property manager will have to show an invoice proving that they purchased and installed a new carpet in your apartment prior to or during you lease agreement in order for them to keep your deposit. And you can tell them that if you want, I would think that would make them realize they are screwed and better off avoiding any legal proceedings when they know they can't win and/or have already violated the law.
2006-12-01 05:21:54 · answer #1 · answered by tricanese 3 · 0⤊ 0⤋
When you moved in you should have done a walk-through of the entire apartment and made notations of problems and issues (scratches, dents, holes in carpets, ect...) and then you both should have signed it and had a copy made. Notarized if possible.
If that was done then you have proof of what was wrong with the place when you moved in. You can then get your deposit back without having to pay for new carpet. If he still withholds the money then you can take him to small claims court with no problem.
If it wasn't done, and as you said, you don't have pictures, then you might be in for a big headache. You can try taking him to small claims court, without proof, but it could be very difficult.
Whatever the outcome, use this as a learning experience and make sure you do a complete walk-through and take pictures next time.
good luck.
2006-12-01 05:11:24 · answer #2 · answered by Jennifer 4 · 0⤊ 0⤋
If you didn't have a move-in inspection that listed the burn hole or if you didn't take pictures at move-in and move-out then there's probably not much that you can do. It now comes down to a "he said, she said" situation and you probably won't get anywhere in SC Court with something like that. Sorry.
At best, chock it up as a life lesson and don't let it happen to you again. ALWAYS do a joint move-in and move-out inspection with your landlord or property manager! This protects you from unscrupulous or forgetful landlords -- and protects the landlord from unsavory tenants.
2006-12-01 05:10:27 · answer #3 · answered by Bostonian In MO 7 · 1⤊ 1⤋
Sue him in small claims court. Bringing a suit might make him give you at least a partial refund of your deposit.
2006-12-01 05:02:20 · answer #4 · answered by VATreasures 6 · 0⤊ 0⤋
Landlords are famous for stealing deposits..
I have gotten to the point that I just consider
the deposit as part of the cost of moving in...
2006-12-01 05:07:22 · answer #5 · answered by Anonymous · 0⤊ 2⤋