Is my landlord trying to be greedy to keep my security deposit?

Question

I have my final inspection coming up here next week, but my landlord keeps throwing new things at me... I got the carpets steam cleaned and look almost like they did when i moved in.. yet he wants me to pay for new carpet becuase it has some tiny stains... next the walls have a few lil scruffs in it, now he wants me to pay for the house to be repainted.. isnt that all normal wear and tear? and the worst one is he wants me get some spots in the driveway redone... $1200 to do it... so i guess a driveway can't have oil stains? and to make it worse, the drive way has cracks all over it becuase the foundation is bad... and its seems to me that if he wants the driveway back to perfect, he needs to fix the cracks.. and with that it will fix the oil stains... .. am i getting ripped off here or is he in the right? trying to charge me $2800 on top of the $1200 SD

ok to answer some of the questions... the drive did not have cracks wheni got there.. but its built on alot of sand so you do the math.. second the carpet stains ARE normal wear and tear... the carpet is about 7 years old... i lived there 2 years so yes lil things will happen... there is NO physical damage.. the walls , things rub up against them.. it happens.. the stains in the driveway.. he only wants to replace the two slabs that got stains on them

Answer 1

Stains and scruff marks are not normal. My house has none of those. Also, you do need to take care of oil stains. If you think he is redoing his drive way for 1200 you have never bought concrete. Try 9 grand, that is more like the cost. He is having it cleaned and resealed.

W/O knowing the square footage it is hard to say how much it will cost to recify the damage, but the costs sound pretty realistic to me. I wish it were cheaper, but material and labor cost $.

Answer 2

Carpet can get worn and it's normal wear and tear. Stains are not.You'll need to get them out by any means possible. Scuffs on the walls will come off with one of those new Magic sponges. And no a driveway shouldn't have oil stains. If there are oil stains that means your car was leaking. You can buy a degreaser for that at an Auto Parts Store. The cracks however are not your problem. If you can get the stains out of the carpet, and the oil out of the driveway I don't see where he could justify keeping all of your $1200, let alone ask you for $2800. He has to give you a written statement with all charges listed. If you don't agree with it, take it to small claims court.

Answer 3

Slum lord instead of landlord.

How long did you live there?? It sounds to me like its normal wear and tear and he's just trying to jerk you around. If the carpet was new when you moved in and there are stains now.......he might have to dock you some. Scuffs on the wall.........was something rubbing against it? Is there holes?

My suggestion is to do the walk through and point these things out to him and tell him that you feel he's being unfair. Point out that all concrete cracks and that is way beyond your doings. Esp if its coming from the foundation. If he's persistant and don't return your deposit, take him to small claims court. Be sure and take pictures and if you have any proof in your favor, hold on to it.

The court will not make you pay for all the BS that he is feeding you. If you have a small tape recorder, I'd record your conversations when you do your walk through and make sure and keep everything you send and get.

Take lots of pictures.......you're going to need them.

Landlord.........why does a driveway need to be sealed? If it's all cracked up and breaking apart, sealing it is a joke. You NEVER seal a driveway!!! Dumbest thing I've ever heard of. The concrete association would have your hide. Sealer blocks the air pockets that EXTERIOR concrete has in it. If he has sealed it in the past, that could be the reason it's breaking apart.

Answer 4

Whoever said stains on the carpet is not normal wear and tear must be crazy. Why do you think people replace carpet in the first place, duh, because its easily stained. The ones who have carpet in the dining room are the ones that get me the most. Of course after two years there is going to be some carpet wear (being stains) and scuffs on the wall. Scuffs and chips being the reason walls get repainted. When you are a landlord you come into the deal knowing you are taking on some risk, you cant expect a place to look brand new after someones been living there for 2 years.

Answer 5

Hey... are you my tenant??? (just kidding) I had a person move out with almost the same issues... Stains on carpets... scuffs on the walls and oil stains in the driveway... I charged him to have the apartment and carpets cleaned but let the other issues go... I usually have the walls repainted once a tenant moves out... that took care of the wall scuffs!!! (I could have charged him BUT he was a great tenant) The stains in the driveway bother me but the driveway is not perfect... If it was a new driveway it might be a different story... Take photo's before you leave to cover your butt... Having not seen the stains... scuffs... etc... It is hard to judge... what seems like normal wear and tear to one may seem like blatant abuse to another... Don't pay him the extra $$ and ask him give you copies of the receipts for work done for repairs in Laue of keeping your SD... Good Luck!!!

Answer 6

(A) Carpet stains CAN BE normal wear and tear. It depends- did you spill a drink and try cleaning it right afterwards? Or did you rebuild an engine while watching TV? Regardless, a 7-year old carpet is history in a rental- taken to court, he'd
probably lose if he tried to charge you for ANY of it.

(B) Scuff marks ARE normal wear- like I said, it depends on the degree. I know lots of owners that like to charge tenants (or try to) for painting. It's the landlord's obligation unless the tenant was NEGLIGENT or ABUSIVE.

(C) Driveway cracks? You have to be kidding. There is no way you're responsible unless you were parking your cement truck on the driveway.

(D)Oil spots? Again, depends on the degree. If your car was puking oil every night you got some 'splain'in to do, Lucy. A few drops is normal. Owners that expect lily-white concrete driveways don't live in the real world.

Check your lease. WRITE to the owner- no talk- WRITE- and explain to him that these items are normal wear under the statutes of your state. Don't ignore his demands. Address them. See a legal aid clinic to know what your rights are.

Answer 7

Can you not pre-treat the stains in the carpet to get them out? Can you not paint over the "scruffs" in the walls? That would be the best thing, to try & fix the problem. He is being greedy, for sure. If you lived there 2 years, then some carpet stains and wall marks are normal wear and tear..When you move out, clean the place well, and take pictures of everything. He might take your $1,200.00 SD but if he sends you a bill for the rest, tell him that it's normal wear & tear and that you've taken pictures of the house when you moved out and if he wants to bother taking you to court over it, he can go ahead but I doubt he will win..And that should make him back off but if not, go to court and proove your case..

Answer 8

Carpet STAINS and scuff marks on walls are NOT normal wear and tear. Replacing parts of the driveway due to oil stains is a bit over the top. You ought to be able to steam clean those out of the driveway without too much difficulty. I assume the cracks were in the driveway when you got there, and were not caused by you putting a heavy truck or similar on it.

To answer your follow-up, whether or not the carpet stains occurred during YOUR normal style of living and 'things just rubbed against the wall', those items are STILL not considered 'normal wear and tear'. Neither are the oil stains from a leaky vehicle. Your landlord needs to assess what caused the driveway to crack. You ARE allowed to put a car on it (that's what it's there for).

Answer 9

Yes, he is being greedy. You should not have to pay for any of that unless it is stated in your lease. Some leases may state that you are paying for painting out of the damage deposit. Be straight up to him, and tell him you are not paying for any of that and you want your damage deposit back in its entirity unless the charges are reasonable. Be sure to give him the address of where you will be at and keep a record of when you do, because he has 40 days from the time you give him this address to give you your damage deposit and a list of any charges taken out of this. Tell him that you will see him in small claims court if it is unacceptable. Usually the threat will make them back down to avoid the hassle.

Answer 10

it is normal wear and tear.carpets and walls are stuff they usually redo afterwards anyway.hes trying to rip you off and to the one who said there carpet dont have spots and walls dsont have scuffs,i take care of a home to but live in it also.any home will have that stuff happen.