I live in Arkansas, and my landlord is trying to charge us for stuff that is normal wear and tear. A thermometer is broken that worked just fine until we left, and he is trying to charge us for that. Part of the screen door is broken, and that is our fault because our 1 year old leaned against it too much. I expected to pay for that. I can't find online any websites that explain what they can and can't charge us for. Any advice/sites that you know?
2007-11-04 03:13:13 · 9 answers · asked by mountain_laurel1183 5 in Business & Finance ➔ Renting & Real Estate
he can charge you for anything that pertains to the rental, normal wear and tear are subjective. There are no hard and fast guides that describe what would be normal wear and tear.Did you take photos prior to moving and after you vacated? Did you do a walk thru with the landlord? Once you are out it is hard to dispute with out any back up that everything was in good condition.
2007-11-04 03:23:56 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Normal wear and tear is repainting after several years due to the paint fading. All the other is your responsibility to fix before you leave.The proper thing is to have a walk through with your landlord for a final inspection so that you know what they expect you to do to get your deposit back. That ensures that you aren't charged for things that were broken after you moved. A tennant is expected to touch up paint, clean the apartment including cabinets and bathroom, remove all trash, wash the windows and clean the carpet before moving. Not all landlords hold tennants to this but some do and can legally do so. They can withhold the cost of repairs and cleaning from your security deposit. As a landlord, I've had tennants trash the building which meant cost of repair and clean up plus loss of rental while this was completed. I've also had tennants that have tried to be fair with me and have done their best to leave the building in good condition so I never nit pick with them.
2007-11-04 03:26:27 · answer #2 · answered by Diane M 7 · 0⤊ 0⤋
Anything above and beyond normal wear and tear. If you broke the screen and the thermosat is now broken then yes he can charge for those. In future BEFORE you vacate do a final walk thru with the LL, it is usually required and most apartment complexes will do one that way you can discuss with the Landlord anything that's broken etc rather than get a surprise letter in two weeks explaining what they are charging you for. Also upon move in you should have filled out a move in form that you list what is wrong or broken upon move in so you don't get charged for it upon move out.
Insist upon it next time or if you move into a private rental run by a lone landlord then put every concern in writing to the Landlord afer you have moved in and taken inventory that way upon move out if they try to charge you for anything then you can show the proof in writing that it was broken upon move in and ALWAYS take photos BEFORE you move in and AFTER you move out so there is no discrepancy, video tape but make sure that the photos are date imprinted.
It's called Covering your A S S.
Good luck
2007-11-04 03:26:24 · answer #3 · answered by Weimaraner Mom 7 · 0⤊ 0⤋
I worked for a real estate/leasing company for a couple years and know a little about this. First things first: look at your lease/rental agreement. It should contain a section about security deposits, acceptable damage, etc. Also, you should have had a sheet when you moved in where you noted in problems in the place. Any changes in that (move-in condition to move-out condition) will be your responsibility in most cases.
The short answer is that if you think you aren't responsible for something, you can fight it. But, be aware, it will probably cost more money than you are fighting for--thus, not making it worth it.
2007-11-04 03:26:24 · answer #4 · answered by matthew122122 2 · 0⤊ 0⤋
Do you have a lease. If so, everything should be in it that applies to what is expected from you as the lessee.
ALWAYS do a walk through with your landlord or manager before moving in and after moving all your belongs out. That way you have a leg to stand on, otherwise, as you are pointing out now, they are trying to charge you for something you didn't break.
2007-11-04 03:26:02 · answer #5 · answered by jamsterette@sbcglobal.net 4 · 0⤊ 0⤋
as posted above normal wear and tear is subjective their is no one place you will find what it is, you can try your state attorney general web site
also when deducting the landlord can charge for fair market value of an item and not replacement cost for most things
2007-11-04 03:40:06 · answer #6 · answered by goz1111 7 · 0⤊ 0⤋
Probably cleaning and repairs. But it really depends on what kind of character your landlord is. Short of taking him or her to court, you might as well kiss that deposit goodbye.
And believe me, it does not give me any satisfaction in saying this to you. You are not alone, it happens all the time and has indeed happened to me on one unfortunate occasion. If it's any consolation, I do believe in, "what goes around comes around."
Try to let go of this and move on.
2007-11-04 03:26:44 · answer #7 · answered by soulguy85 6 · 0⤊ 0⤋
Anything that is broken that wasn't when you moved in.
Cleaning of carpets. Normal wear is expected, stains are not.
Cleaning appliances, any cleaning that is needed to make it ready for the next tenant.
Check your lease for anything that might be listed
2007-11-04 05:51:11 · answer #8 · answered by Classy Granny 7 · 0⤊ 0⤋
Go to Nolo.com
2007-11-04 03:41:32 · answer #9 · answered by DAN M 1 · 0⤊ 0⤋