I was renting a place for $1200 a month. We gave a security deposit of $1800. We bought a house in June and we were not allowed out of our lease. So we paid the mortgage and the rent. In the lease we were supposed to pay water and sewer, but since we were not living there, she didn't charge us for July and August. We just got back and it was only for $235. She charged us for installation of smoke detectors (which we never even had), a hole in the wall that was done by the plumber, that the landlord stated they would fix, as well as other charges, such as replacing the entire kitchen floor and a few sections of the hardwood flooring. Does she have to provide pictures, before and after, as well as any invoices because this is outrageous. My wife, her stepbrother and myself were all there the night before and cleaned the entire house.
2007-10-23 09:47:43 · 10 answers · asked by tigerzero6152000 1 in Business & Finance ➔ Renting & Real Estate
I believe the landlord has to have smoke/carbon detectors in the property by law and also there insurance wont cover them if they dont. You should have documented what the condition of the property was when you moved in and out. Invoices she must provide to show cost of replacement.
2007-10-23 09:54:49 · answer #1 · answered by Gus Buckingham 2 · 0⤊ 0⤋
Many states make it a law that you have smoke detectors. Something you should have had, and the landlord should have provided you with. If smoke detectors were provided when you rented the house, then you are responsible. If you never had them at all, the landlord is responsible. You should not be charged for additions. Smoke detectors included. As far as all the other stuff, if you know you left the place in great condition, you should have pictures as well. Your red flag would have been them not letting you out your lease. Pictures provide proof. Pictures are needed in the even of court so they are crucial. Your landlord can do whatever he wants if you have no proof! Sucks, I know, But I would fight it. You are not responsible for the smoke detectors.
2007-10-23 09:57:31 · answer #2 · answered by _nicole_ 4 · 0⤊ 0⤋
The landlord does not have to provide you with before and after pictures.
Before and after pictures and invoices would help prove the landlord's case, if it comes to that.
The smoke detectors would not be on your dime unless you removed them from the rental.
Was the hole in the wall due to anything that you caused? If not, then you should not be held liable.
If you damaged the kitchen or hardwood flooring, you would be responsible for the depreciated cost to replace the flooring.
You can dispute the charges with the landlord via certified return receipt letter. Demand the return of the charges in dispute. If the landlord fails to comply with your demand, you can always file in Small Claims court.
2007-10-23 11:27:12 · answer #3 · answered by ? 6 · 0⤊ 0⤋
Depending on your state laws (sometimes called statues) the landlord has a set amount of time to provide you with an accounting of repairs and the costs along with your refund.
You can then go to small claims court to reclaim the disputed difference. Before pictures would be pretty hard to produce - who knows where the damage will occur - but a picture of the damage should be available. Your lease should probably have stated "excepting normal ware and tare" and smoke detectors are not your responsibility - that is a code issue.
2007-10-23 10:00:17 · answer #4 · answered by justwondering 6 · 1⤊ 0⤋
Check your state’s website for landlord laws and/or a tenant’s bill of rights. Also review your lease.
As for anything the landlord promised to fix, do you have that in writing?
Do you have anything in writing saying you were liable for installing smoke detectors?
Did they explain why the floors were replaced?
From what you said, you should definitely challenge it, just make sure you know what your lease said about the above.
2007-10-23 10:12:39 · answer #5 · answered by Anonymous · 0⤊ 0⤋
As a landlord, I always record and store digital photographs of the condition of the property upon move in, as well as upon move out. However, such is not a requirement. It merely assists me greatly when I must go to court to recover damages.
It is wise for a vacating tenant to either have a final walk through after cleaning is finished, have digital photographs of the premises after cleaning, or both. Landlords commonly expect requests to visit the property with the departing tenant, with proper notations of any deficiencies recorded ande signed for.
2007-10-23 10:03:37 · answer #6 · answered by acermill 7 · 0⤊ 0⤋
The problem is not so much if the landlord need to take pics but did you?
You can challenge them in small claims but if you dont have pics to prove no damage when you left, dont think you would win.
I dont have to provide pics by law. I have to provide reciepts and itemize.
legally she has to provide smoke detectors.
I also provide a fire extinguishers which each tenant steals and gets charged for.
I take video before (the day they sign contracts and try to get them in the video) and after they leave.
Good Luck
2007-10-23 10:08:40 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If it become leaking once you moved in it is going to likely be on the flow in inspection sheet signed via the two you and your landlord. in case you probably did not do one in all those, it is going to likely be your observe against hers. If she's claiming $4,000 well worth of damages there is probable plenty below that for the period of honestly maintenance and it might desire to value her greater in criminal professional costs than that's well worth... look into your interior of reach small declare courtroom regulations and your interior of reach landlord/tenant regulations, you will probable discover your answer there. via the way, the actual incontrovertible fact that the placement is a large number is her undertaking on condition that it creates a destructive concern for the valuables. as an occasion, in case you depart a pile of grimy dishes interior the sink for weeks on end and it attracts roaches or mice, than she has a the excellent option to be aggravating. of direction, if this is going to courtroom, the actual incontrovertible fact which you moved out after merely 6 weeks isn't a element on your want. until of direction you had a 6-week lease.
2016-11-09 07:35:49 · answer #8 · answered by piano 4 · 0⤊ 0⤋
It does sound horrible. It would certainly help if you could have taken before photos-A lot of renters do.
In a lot of parts of the country this is easy to fight at least part of it. Contact a local renters association if there is one or visit a justice of the peace or small claim court. Laws a different everywhere and no one can tell you exactly how to fight this unless they are in your area.
2007-10-23 09:57:12 · answer #9 · answered by glenn 7 · 0⤊ 0⤋
Actually it's your job to take photo's. If you decide to take her/him to court...it would be your responsibility to prove that said damages were not your fault. She would be required to show invoices.
2007-10-23 10:01:55 · answer #10 · answered by LILL 7 · 2⤊ 0⤋