deducted from their deposit. After carpets cleaned found cigarette burns in lounge carpet and not enough cash left to replace. Have refused to return any deposit and he's threatened to take me to court. Any advice?
2007-02-25 10:01:08 · 22 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
Thanks. Tried photos - not showing up well on digital camera but got all receipt, have posted copies to him and he still ranting and raving and sending me horrible texts, which I have kept. Property lets - count me out for the future!!!!
2007-02-25 10:16:45 · update #1
Afrowoman - newly refurbished apt. 3 floor coverings out of 5 damaged, toilet seat broken in two and vandalism of burglar alarm. No, I dont consider that trivial. Have agreement, signed and with a guarantor. He agreed to putting defects right but nothing done when he moved out month later, so have used deposit to get it sorted.
2007-02-25 10:25:24 · update #2
As long as you have full receipts for all the work done and all the deposit can be accounted for, then you have no problems.
Let the tenant take you to court, all the costs of this will be on his head.
2007-02-26 23:32:06 · answer #1 · answered by Lewiy 3 · 0⤊ 0⤋
Would cigarette burns come under normal wear and tear? Bearing in mind that you had to get the carpets cleaned before you found them, they can't be that noticeable. Were the carpets new at the beginning of the tenancy and how long was the tenancy?
Accidents can happen and I really don't think that three cigarette burns on a carpet justifies your claiming the full cost of replacement of the carpet. It seems that he has accepted responsibility for the remainder of the damage (although a toilet seat can be damaged by accident and is fairly trivial to replace). So what you could and should do is repay the remainder of the interest-free loan that he gave you. If he takes you to court I hope he wins. Barney's comment shows what a lot of landlords are like.
2007-02-25 18:17:53 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I guess you're in the UK. The whole idea of a deposit is to cover such eventualities. Not having photo's of the damage is not the end of the world. Do you have a witness to the damage? Or use suppliers who came to repair the place. It's highly unlikely your ex tennant would waste even more money taking you to court. If the deposit fell short of covering all the repairs you could be the one claiming (counter claiming) additional cost in court. Don't let these people put the squeeze on you. You are in the right.
2007-02-26 03:50:56 · answer #3 · answered by dave.unwin 2 · 0⤊ 0⤋
When you get into a landlord-tenant agreement, it's important to list any defects (and a description of them) get a signature from both parties.
Also get photographs of all of the defects so for further representation of 'how it is'. And get professional Estimates and keep receipts of the work that was done.
You'll also want to do a credit check to find out ability and willingness to pay---and any history of ducking out and getting one over.
You should also get a history of where they've lived before--if you don't call before had, you can call when you need to go to court for a character witness.
If you don't have any of this, it will be a lot harder. But I wouldn't give the security deposit back. Just go to court and do your best. The tenant will have this on record and you can learn to be better prepared next time. And, who knows, you may win.
2007-02-25 18:18:37 · answer #4 · answered by Jeff W 2 · 0⤊ 0⤋
Did you have photographic evidence that there was no damage to the carpet before the tenants came in if not you are going into court on the basis of your word against them . Try to get a picture of them smoking out side the court and one that shows them just throwing away the burning butt would be good.
2007-02-25 18:10:00 · answer #5 · answered by burning brightly 7 · 0⤊ 0⤋
I would document all damage with photographs and then I would get receipts for all repairs. If he files a complaint, I would file a counter-complaint stating that the deposit did not cover the damage caused by the tenant. Good luck
2007-02-25 18:05:21 · answer #6 · answered by Mr Mojo Risin 4 · 1⤊ 0⤋
Let him take you to court, you have a tenancy agreement signed,photos to show all damage and receipts to show cost of work done to put the work right, you could always get legal advice from the citizens advice
2007-02-27 10:48:34 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Photographic evidence is the best friend that you have when it comes to messy move-out issues. Take digital pics of the ENTIRE interior of the property immediately after move-out (have the unit # on a card in each pic) and burn it to a CD. If there's any question, the picture will tell a thousand words.
BTW, did you get a Move In/ Move Out checklist signed by them?
2007-02-25 18:09:53 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Well let him if you took pictures of before and after you will have no problem but if you do not then you still might win they will lose they cannot leave the apt like that and besides that is what the deposit is for to fix what they messed up.
2007-02-25 18:04:54 · answer #9 · answered by CHAEI 6 · 0⤊ 0⤋
Find your lease agreement and read it so you can become familiar with it when you talk to a local legal begal. Then get a copy of your state's landlord tenant laws and read it also. Going to court is never an open and shut case as often referred to. It is best to leave that up to the professionals that do that every day.
Besides the judge could of had a bad night and you remind him of it.
2007-02-25 18:06:38 · answer #10 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋