2006-12-22 07:25:13 · 7 answers · asked by Jim H 1 in Politics & Government ➔ Law & Ethics
Perhaps too late now, but the best solution is to have a clause in the lease calling for an inventory clerk to check the apartment in and out (at beginning and end of lease). Not particularly cheap, but it's an independent opinion that will hold up in court.
Otherwise: take photographs before and after. And be prepared to negotiate on the damage: a quick mediation or settlement is better and cheaper than dragging things out in court.
And: ALWAYS take up references. Check with a prior landlord, and perhaps with the local court, to see what your prospective tenant's relationship has been with prior landlords. Bad tenants tend to be bad for life.
You cannot withhold security deposit unilaterally. That's an invitation to a lawsuit unless the amount in question is small. I NEVER make an issue of the small stuff. And I take account of depreciation in claming for, say, a ruined carpet. Right now I have a broken washer/drier. It's more than 5 years old, not worth making an issue over: next week there will be sales on white goods in all the big box stores. (In the time it takes to litigate over damages, I can often more than make up for the loss with a new tenant at higher rent. I am reminded of the end of my own tenancy in Arlington, VA 30 years ago when the landlord wanted to charge me for a "dirty oven". I laughed and asked whether they wanted the last month's rent there and then (I had a transfer clause) or would rather go to court. When the office rep said she didn't have authority to settle I laughed even harder. She rang her boss and told him my offer; he accepted within 30 seconds and they had their check.)
2006-12-22 07:29:27 · answer #1 · answered by Anonymous · 1⤊ 0⤋
You will probably end up in small claims court. If you are the landlord be sure to take picture and document any damage and also keep a record of the cost of repairs. If you are the tenant, hopefully you took pictures of any damage when you moved in.
2006-12-22 07:29:04 · answer #2 · answered by elephantfun 3 · 0⤊ 0⤋
You have every right to dispute the claim, it may come down to only your word. Have all your documentation.
Did your landlord notify you in writing within 30 days, if not he may have forfeited his rights.
Call your states Tenant legal rights hotine. You can google this stuff under many names, Tenants rights and stuff.
Also go back and see what is in your lease, it should state what he can charge you for, he cannot charge for normal wear and things like that.
2006-12-22 07:52:24 · answer #3 · answered by Eeyore 3 · 0⤊ 0⤋
nicely, precisely who broken the region if it wasn't you yet you have been the single residing there? does not depend if your visitors did it. You signed the hire so which you're to blame. If the damages weren't there once you moved in and that they are there now, it is your duty. the protection deposit has no longer something to do which incorporate your actual criminal duty on the tip of the hire. The deposit is in elementary terms a useful volume the owner needs to hold through fact damages over that quantity are possibly uncommon. you're to blame once you injury somebody's assets. end of tale.
2016-10-15 11:08:17 · answer #4 · answered by ? 4 · 0⤊ 0⤋
You can take it to small claims court. Have pictures and witness to support your claim.
2006-12-22 07:49:16 · answer #5 · answered by d3midway semi-retired 7 · 0⤊ 0⤋
Take it to Judge Judy.
2006-12-22 07:27:50 · answer #6 · answered by Anonymous · 0⤊ 0⤋
small claims court depending on amount
2006-12-22 07:28:20 · answer #7 · answered by auhunter04 4 · 1⤊ 0⤋