I moved out of my apartment in December, and now my former landlord is trying to get me to pay $1500 for new carpet, new paint, and a bunch of other things that really didn't need to be done or that weren't damaged by my fiance and I. She sent the bill to a creditor, so now I have them breathing down my neck too. In Wisconsin, I thought legally the landlord needed to do a walk-through with the tenant before the tenant moves out completely. We were not given any walk-through and that seems quite fishy.
2007-02-23 02:37:57 · 12 answers · asked by Tony 1 in Politics & Government ➔ Law & Ethics
If you moved out before your lease was up that is probably why the land lord is sticking it to you.
2007-02-23 02:41:00 · answer #1 · answered by Backwoods Barbie 7 · 0⤊ 0⤋
I'm not an attorney, but you need to consult with an attorney! The fact that you have been referred to collection is troubling.
A consultation with an attorney may be free or may only cost $40-$50. The attorney can tell you what your Landlord/Tenant rights are and your rights as a consumer related to collection efforts.
Unfortunately, if you have been referred to collection, the matter will probably end up in court anyway and you should DEFINITELY have an attorney for Court. Perhaps a letter from your attorney can help set the matter straight.
This is a lesson for next time. Take pictures when you leave (when the apt is empty). Photograph EVERYTHING, even the inside the fridge, inside the cabinets, the ceiling, EVERYTHING. This will help protect you from these types of claims.
GOOD LUCK :)
2007-02-23 10:45:37 · answer #2 · answered by vbrink 4 · 0⤊ 0⤋
your landlord is trying to get you for the money that is true!
However, you should have taken pictures of the apartment before and after...
That way you could cover yourself in case of damage. At this point, if there was any damage to the apartment the landlord can keep the security deposit. Otherwise, you are NOT liable for paying for new carpet etc..
There should have been a walk-though at first. I would make a list of the damages you are willing to pay for and keep it at that.
Legally, you have more rights as a tenant than the landlord does.
I would look up the legal tenant rights in your state just to be clear.
1500 is a bit much! Hope that helps!
2007-02-23 10:44:12 · answer #3 · answered by Howdoudo? 2 · 0⤊ 0⤋
That's a GREAT question!
Apartment owners are required to do a walkthrough before the move in and after the move out if they intend to collect damages. Failing to do so provides them with no proof the damages were caused by the tenent or occured prior to their move in.
Further, courts do not allow for "painting' charges. Painting is required after each move out, prior to another tenent moving in. Further, unless unreasonable damage was done to the carpet, the landlord cannot recover costs as courts consider this to be normal useage.
Personally, I would suggest you advise them to drop the collection action or face a counter-suit for your costs to defend the collection action. Ask an attorney for advice first. Also ask them to send the apartment owner a letter. In most cases this resolves the action.
2007-02-23 10:48:29 · answer #4 · answered by merlins_new_apprentice 3 · 0⤊ 0⤋
Well if you can't prove your place was in good condition through pictures you might have to get a lawyer and ask him. Hopefully you have pictures of your place during the holidays that could prove your place was in adequate condition when you left. Also did you remark on anything wrong with the place when you moved in? was it noted on the rental agreement like a worn carpet, walls were not painted or cabinets were not in good condition. You have the burden of proof so pictures would help a lot.
2007-02-23 10:42:24 · answer #5 · answered by Tapestry6 7 · 0⤊ 0⤋
Not answering your question really, but I take pictures when I move-in and send that same CDR with a list of damages to my landlord (I reference the image number on that CD as well on my list). I also keep the backup and plan to take the same pictures when I move out in case they said there was damage where there wasn't.
I think legally this comes down to your word against hers.
2007-02-23 10:43:27 · answer #6 · answered by Eric L 5 · 0⤊ 0⤋
From what i know you had to give a letter to the landlord a month before moving to let them know that you were leaving. My father has been manager of apartment buildings for 20 years so i know alot. What you could try to do is go talk to the owner himself about it. Because thats to much that they are charging you.
2007-02-23 10:51:42 · answer #7 · answered by art 2 · 0⤊ 0⤋
Keep this in mind: Carpeting is known as "wear and tear" when a tenent lives in an apartment, its something that you cannot be responsable for Unless its obvious you perpously distroyed it.
Painting... shezz... Thats another one like the carpeting.
Seems to me your ex landloard is a real prick. I would take him to small claims court and sue his ***!
2007-02-23 10:53:20 · answer #8 · answered by Mike E 3 · 0⤊ 0⤋
If you paid a security deposit when you moved in, all damages should be subtracted from that. If he is demanding that much money, then you should demand to see the invoices.
For future reference, when you move into a new place, take pictures of everything for your own records.
2007-02-23 10:41:42 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Yea...she should have done a walk through with a sign off sheet. If there were issues she should have brought them up. I'd get an attorney.
2007-02-23 10:41:56 · answer #10 · answered by baby1 5 · 0⤊ 0⤋