Is He Overcharging her?

Question

My Sister recently moved out from her old apartment. When She moved, the Landlord didnt want to give her the Deposit because the carpet had a little tiny whole that you can hardly see, the kitchen countertop had a small scrash, and because She had to change the paint in the livingroom. Before She moved she Painted the Whole house and replaced the Carpet for a brand new and I even helped her. But the landlord wanted her to replace the entire kitchen countertop for a new one or She wouldnt get her deposit back. Do you think it's fair that after she had spent almost the whole amount of the deposit to paint and replace the carpet which most people said she didnt have to, this guy keeps on holding the deposit? Is he overcharging her? What do you think?

Answer 1

i don't thinkg she should not get her ENTIRE deposit back, maybe he would keep some to help towards the counters but not the whole thing. More then likely he won't even change the counters. She can try speaking with him and negotating this

Answer 2

The lease usually describes 'normal' wear and tear as acceptable, and any damage caused by neglect or abuse to be either paid for or taken out of the deposit.

Since you've already repainted and carpeted, and kept the reciepts, she should be entitled to the entire deposit.

Provide copies of the reciepts, and a clear photograph of the small scratch (put a ruler in the photo), and ask for the full deposit back. If, however, the scratch is bigger than the 'small' you described, or makes the counter unusable, she might be liable here, too.

Hints:
When you sign the lease, walk through the apartment with the landlord, taking digital photos as you go. (This establishes what condition the place was in when you moved in.)

Save reciepts for any repairs or improvements you make (fixed the toilet, replaced miniblinds) or paint supplies (if the paint you used was neutral).

When you prepare to move out, take another set of digital photos. On your walk-thru with the landlord, compare the 'before' and 'after' photos. If the place is generally in the same shape after as it was before, you will get the entire deposit back -- and maybe a referral letter, too!

Answer 3

It's already to late, the landlord saw her coming. I would have used the money to hire an attorney. I was in that position years ago, as the landlord.

A "walk through" even with pictures. Some people had different ideas of what was normal wear, children coloring on the walls were acceptable to them as wear and tear by children, to me it's destruction and, the parents don't control the children. There's no argument here, I wouldn't accept them as tenants, that's all there was.

People would sneak cats and, even dogs in a week, two weeks after moving in. I would give them eviction notices.

I had very nice units that people had faith in me for their money and, their security, had I let everyone do what they wanted, I was breaking the trust of these people, whether they were wealthy or not, that was their business.

A lady insisted on cutting her bloody meat on the bare kitchen tile counter, although she had a cutting board. She totally spoiled the grout in the tile, there was mold, blood soaked in the grout and it was chipped from the knife. She raised hell when I charged her for the tile refinishing. I had before and, after pictures, the judge made her pay. Cigarette burns in the carpet that could hardly be seen, they compound, soon there are many, then the carpet has to be changed, who's to pay?

Answer 4

It would depend on a lot of things. How long did she live there? Did she do the damage to the counter top? Did she wear the carpet out? What was their agreement when she moved in? It sounds like the landlord has found a sucker. Normal wear is normal and a landlord expects that. It is very important to get a good agreement in writing before you move in.One that protects both parties.

Answer 5

if she replaces the countertop, she'll end up losing more than the deposit. just forget about it, she's not getting her money back.

Answer 6

that did not injury your ipod in any respect, even with the shown fact that to get the main out of your battery thoroughly drain it as quickly as a month till now charging. it fairly is the comparable for cellular telephones, laptops, etc....

Answer 7

no he did not do it would you want those things in your appartment that you were just moving into thats why you should never paint any thing that your renting

Answer 8

get a lawyer that is important in this one.
she was ripped off

Answer 9

this landlord should pay her back