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We rented a 1800 square foot house for four years. The house had flat white paint. Now that we moved out, they are trying to charge us $2900 in excess of our $750 deposit. $2100 of this is for painting the walls. I consider this normal wear and tear.
About a month before we moved out, someone that worked for the rental company came out to assess some electrical problems we were having and he looked around and said the house looked fine, nothing other than normal wear and tear. What can I do?

2007-07-10 11:15:41 · 3 answers · asked by goinutsinor 4 in Business & Finance Renting & Real Estate

3 answers

Any landlord is allowed to charge more than your security deposit if the damages warrant such expenses. The security deposit is just that -- a deposit. If the repairs exceed that amount, you are expected to pay the difference.

Did you have a move in/move out inspection? What was wrong with the paint? Scuff marks, scratches, etc.? If that is the case, this is NOT normal wear and tear. Dirty walls ? Same thing applies.

The house is expected to be in as good or better condition than it was when you first occupied. Nothing happens to paint in four years if you live sensibly and are clean.

That being said, $2100 sounds high for painting walls in an 1800 SF premise. I have a suspicion here that the landlord is correct. Even WITHOUT considering the painting expense, you have managed to incur damages of $1550 over a mere four years.

2007-07-10 12:18:33 · answer #1 · answered by acermill 7 · 0 0

Yes, the landlord can charge you the excess amount. One thing you may want to look into is how old the carpet was when you moved in; if the carpet was brand new, only then can he charge you the full cost of replacement. Carpet has an expected life span (differs state-to-state, but usually about 10 years), and the landlord can only charge you for the remaining "life" of the carpet. For example, if the carpet were 5 years old when you moved in, then you are only liable for half the cost. If the carpet were 7 years old, you are liable for 30%. If the carpet were more than 10 years old, you cannot be held liable, regardless of how damaged the carpet is, because it is considered as needing to be replaced, anyway. Yes, the landlord must provide you with an itemized list of damages, usually within 30 days, but varies state to state. If he doesn't, most states prohibit him from witholding any portion of the deposit, and you must write a demand letter and give him another 30 days. Only after that time can you take him to court to recover, sometimes for 3x the cost (again, depends on state). Do some research into how old the carpet was when you moved in and calculate your actual cost of replacement. If it is still over $1k, he can definitely demand the difference and sue you for it if you don't comply.

2016-05-18 22:58:49 · answer #2 · answered by ? 3 · 0 0

Don't give them the money and tell them you'll report them and you plan to take them to court. That's normal wear and tear unless you've damaged the walls, and in most states that's not the renter's responsibility anyway.

Call your local authorities and find out who you report abuses to in your county/city and make a formal complaint.

2007-07-10 11:20:46 · answer #3 · answered by J P 4 · 2 0

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