I was hoping maybe a lawyer might be able to help. My bf and I rented for an apartment in a 100 year old house for a year. We moved out on May 28th and just got our security deposit back. But instead of the 810$ we had put down, they with held 500$ to get estimates on a new tile floor (which they said was discolored). It was not, but stupid us, we didn't take pictures (we learned the hard way). To add to all of this, they were out of town when the apt switched over to the new tenant and we had to do our moving out inspection with the new tenant (he said everything looked fine). In the letter we just received, apparently the landlords did a walk through on the 19th of this month (27 days after we moved out and the new guy was living in the apt. the whole time!)There are now lists of charges like a crack in a step and a plaster crack in the wall. Are we liable and do they have the right to keep this money if they waited to do the inspection until after someone else was living there?
2007-06-23 14:40:47 · 5 answers · asked by morgan0308 3 in Politics & Government ➔ Law & Ethics
More info...we live in Maryland if that helps with codes and laws. Also, being that the house is old, can't it be considered wear if the walls are cracked? We didn't crack them, with tons of plaster and coats of lead paint...the shifting of the house was bound to cause damage. We just feel that they landlords are trying to get as much money as posible from us to get a new floor and so on...if you feel the need to discuss more than they question/answer will allow, please email me at morgan0308@yahoo.com I would be more than happy to talk about this being that I want to make sure these landlords don't continue to do this to other renters. Thanks again.
2007-06-23 14:44:52 · update #1
And to whomever wrote that I am to cheap to get a lawer to counsel me...no I am not. I just would not know where to begin. I just graduated from college and find this all to be a little overwhelming being that I feel a landlord is trying to rip me off when I haven't done anything wrong in the first place...thanks to everyone else who is being supportive and giving good feedback/advice.
2007-06-23 14:56:04 · update #2
Landlords pull this crap all the time.
Take him to court.
I did and I won. Go to your local library. I found all I needed there. No lawyer or anything.
When you make your claim just explain the facts preferably in prepared written form. They will make the claim out for you.
Don't let him get away with it. But do it soon. You may have only 30 days depending on the laws in your state.
2007-06-23 14:45:02 · answer #1 · answered by catherinetramell3 3 · 1⤊ 0⤋
Landlords DO NOT have to refund the deposit the second you demand it. Harassing them for a refund will not get you anywhere. All landlords have 14-45 days depending on state to refund any deposit owed. Many landlords would wait until the very last day just because you are being a jerk about it. I do not know what the required # is for NH but you cannot take any action of any kind until that # of days has passed. FYI: you are not legally required to have it in your hand by the last day. It has to be post marked by the last day. If you do not get in in the mail for another couple days they have not broken any laws. If they still do not refund it after the required # of days you have to sue them for it. Not having a copy of the lease does not change or effect this situation in any way.
2016-05-18 22:44:07 · answer #2 · answered by ? 3 · 0⤊ 0⤋
You should have did the walk through with your landlord at the time you guys first moved out. This is where you messed up. Even if they waited to do the inspection after someone else moved in it really doesn't matter because you don't have any proof of how you left the apartment anyway.
It's only five hundred dollars. An attorney will charge you this much just to take your case. It isn't worth your time or trouble. Especially when you have no proof.
2007-06-23 15:03:26 · answer #3 · answered by YBMEUBU 3 · 0⤊ 1⤋
You can take your landlord to court as it's a violation to hold your money not knowing whether you made the damages or the new tenant. Also, there are strict guidelines as to what constitutes damages and like you said, wall cracking is building maintenance and that's his obligation, not yours. Same with the flooring! He can't charge you for that!
In a lot of states in the U.S., landlords are not fully aware of their legal obligations to the tenant and vise versa. Anyone who buys property can be a landlord. Out of your security deposit, how much was not returned? If it's amount that's worth it to you, I'd say consult with a legal aid office near you. They give free and low cost advice and even representation regarding such issues.
Like someone before this said, you understand the facts of your case, so you might not even need representation. File your claim with all the details including specific dates (timeline) and amounts, see a judge and get your money! Chances are, the landlord has done this before and is betting you won't call him on it. Good luck!
2007-06-23 14:57:39 · answer #4 · answered by linzlou83 2 · 1⤊ 1⤋
Yes you said it you need a lawyer.
Why do you think people will post free leagal information on a chat room. You want your money back and too cheap to pay for an attorney to counsel you.
So you think you will get it straight here.
2007-06-23 14:49:01 · answer #5 · answered by Michael M 7 · 0⤊ 2⤋