In her letter the damages were $3,500.00 with an indication of charging me an additional $2,000 in the future because she did not get an estimate within the 30 days.
My questions are 1. Can she charge me after the 30 days for more damages? and 2. Can she sue me for more money than she originally asked for?
2007-02-23 04:59:56 · 6 answers · asked by Scruffy44 1 in Business & Finance ➔ Renting & Real Estate
The landlord can sue for any amount they want - however they will have to prove damages in court in order to prevail. Was there a move-in inspection of the property - and was it documented? Do you have a copy? Were you present at the final inspection and did the landlord identify to you at that time any or all of the damages she intends to hold you accountable for?
While I generally try to give one figure and stick to that, it is not unusual for a landlord to amend the amount owing for hidden damages or items for which they do not yet have quotes.
As far as the time frame for assessing and accounting for damages, it will vary from state to state. In my state you can take up to 60 days to itemize the deposit if damages exceed the security deposit on hand.
Make sure you have all your documentation for court. If you have photos or a video of the property taken at time of move-in, that's the best defense - but in lieu of that, be prepared to answer the landlord's claims and admit anything you actually owe as it will make you more credible in the eyes of the court.
2007-02-23 05:05:17 · answer #1 · answered by njc_flhtc 4 · 0⤊ 0⤋
Within 30 days the landlord must refund the full security deposit, or state her claim in writing for damages. You can argue against any claim, again in writing within 7 days.
If the landlord and tenant can not come to an agreement about the security deposit and settle, the landlord must file suit to keep the deposit - within 45 days of termination of occupancy.
She must therefor get the estimate and the notice to you within 30 days - she cannot go on forever!
2007-02-23 05:16:33 · answer #2 · answered by finn 3 · 0⤊ 0⤋
Yes And yes.
Take it from me, Landlords can sue you for almost anything and many will if they think they can away with it. If you feel the charges are bogus, get a lawyer and fight them.
2007-02-23 05:07:35 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes. If she can prove in court that the damages are equal that amount and it was damages that you were responsible for.
2007-02-23 05:08:34 · answer #4 · answered by KATHY A 2 · 0⤊ 0⤋
Find the tenant board for your state and talk to them. They will know what the laws are for your state and mediate between you two.
2007-02-23 05:07:57 · answer #5 · answered by Michelle 4 · 0⤊ 0⤋
Get a lawyer. Quickly. You need someone to help you assert whatever rights you may have.
2007-02-23 07:43:53 · answer #6 · answered by Yanswersmonitorsarenazis 5 · 0⤊ 0⤋