Can a landlord charge $1600 in damages after she already took our $1500 deposit?

Question

She says there is over $3,000 in damages. She is so picky that she thinks damages are painting and carpet cleaning and cleaning of drapes, which by the way we did all of those before we left. She also has carged for her "repair man" to come in and replace light bulbs and clean thigs we already cleaned. She hired a widow cleaner who charged over $150.

We fixed 2 screens and she did not like how they looked so she had them replaced then desided they did not match so the replaced 3 more, charging us for all.

She was picky when we lived there about every thing. We even hired a gardener because she said our lawn was not mowed enough. We mowed it 2 times a month and it looked great but she still wasn't happy.


We have never had bad rentals and we have always paid the rent over a week before it was due.

What can we do?

Answer 1

as an attorney, make sure the ll complied with state law that requires them to send a certified letter explaining damages they intend to claim within 10 tens of vacating....if this is not done....they cant take a dime...check your states requirements under landlord tenant law

Answer 2

I went through and panned some of the comments from those who didn't know what they were talking about.

First, the landlord can charge you for any amount of damages they want to, well in excess of your deposit. In fact, I have litigated for damages well in excess of yours, and won.

It isn't up to the landlord to prove monetary damages. They can charge for their time in repairing or cleaning the premises. The charges must be usual and customary though.

I simply get a couple of estimates, and charge the tenant for my time. The courts will award a landlord these damages.

The landlord must prove actual damages, but usually a few pictures do the trick. When I have a set of pants filled with human fesices, I usually win the case.

As far as cleaning, it depends on how dirty the place was. It is hard to get pictures of dirt, but usually I can get several pictures especially of dirt on the ceiling fans or light fixtures. Excesive soiling of the carpet is not normal and is damage.

Cleaning the premises is the TENANT'S responsibility and not normal costs of doing business. The one who came up with this statement is who you want to rent from, as they will let you get away with murder.

From your question, I can see you broke out several screens. This is an indication of wonton damages. I can see maybe a storm door screen, but even that is not normal wear and tear.

As far as mowing the lawn, that is determined by the local ordinances. Some require you to mow every 7 days. Some set height limits as little as 6 inches. Most will warn you once, then mow the grass and charge it back to the owner in additional taxes. Usually these costs exceed $100 for a single mowing. I can see how the landlord might be concerned.

I have actually sent letters out to tenants letting them know they needed to mow every 10 days during the season.

As far as light bulbs, I charge $2 per light bulb and $1 for every nail I have to pull out of the wall.

The funny thing is, I have never lost in court for these charges, because I took pictures.

Now let me tell you some horror stories. I had some students who got drunk and had their testosterone flowing when they decided it would be manly to punch holes in the drywall with their heads.

They only stopped when one hit a stud and nail head. They had to go to a hospital for a concussion and stitches.

When I litigated, they didn't think they should have to pay as this was "NORMAL WEAR AND TEAR." Needless to say, the courts didn't agree.

The costs of their damages exceeded, now get this, $10,000. AND I WON. I garnished their wages for years before I got paid back.

I was able to charge for MY TIME in repairing the drywall. I got estimates for $20 an hour, and simply charged them at that rate.

Answer 3

Make sure you are getting receipts for what ever she charges you. Just to protect yourself later.
All extra updates, she is not suppose to charge you.
She is trying to take advantage. You need to file a complain against this landlord. And tell her she needs to give you a receipt for what she is charging above the rental amount.
Maybe even ask her, since she is complaining that if she doesn't want you to live there anymore? She will probably back off. It seems that she feels since you haven't said anything that she can get away with it.
Kate

Answer 4

You can read the rental agreement.

I'm assuming you have a rental agreement that was signed by yourself and the landlord. The agreement (terms and conditions) should tell you what she (landlord) or you (renter) can or cannot do.

Check what are considered 'damages'? And what the deposit is for? Was the deposit for the cost of cleaning and small replacements?
Read the full agreement. The agreement might be your only leverage.

Answer 5

First, landlor must have proof of damages and actual cost of repair and tenant the same (with receipts with dates on it)
Second, most leases say, tenant must give back property the way they move in.

Wear an tear is normal, and burden of cleaning is at the landlord's cost. (normal business expense). Only major damage is the tenant responsability. (ie. carpet cleaning, light bulbs changes, IS NOT major) Broken windows, holes in the wall (except picture's nails), etc,, THIS IS MAJOR repairs.

I am not a lawyer, but it just happened that I am a manager of an apartment building.

Answer 6

You can sue her in small claims court for the deposit. It sounds unlikely that she'll be able to prevail, but it strongly depends on your state's laws. Sometimes, landlords just have no idea what they can charge for and what they can't and go nuts on the invoice. The likely outcome is that the landlord will be able to show some valid charges, but probably not $1,500 in damages, much less $3,000.

Answer 7

Demand an accounting of her costs. She needs to verify that she in fact incurred a non-routine loss of $3000. Make sure the charges are in line with similar costs. It sounds to me like she's out of line with the term of "routine wear and tear." Tell her that you are going to sue her for the money as well as the costs of collecting your money. If she balks, send her a 10 day demand letter reiterating what you told her (send it certified, return receipt requested.) If the 10 days elapses without action, turn it over to an attorney for collection. It sounds to me like it would be worth the risk. Good luck.

Answer 8

Getting an attorney is a good idea. My guess is, your ex-landlord isn't too sharp and will cave in as soon as she finds out you have one. There is a decent chance you will get the whole $3100 back, and all it will cost are the attorney's fees.

Answer 9

Seek legal counsel, then file suit to recover your deposit. If the landlord files suit, be sure to answer it. If they report you to a credit agency, file suit for defamation.

Answer 10

she's getting over on you bad. the things that you are listing are the things that they HAVE to do anyway.