landlord said that i trashed the place, what should i do?

Question

gave my 30 days notice, moved out after the 30 days. Its been over a month, I called landlord and landlord said that i will not get my rent deposit back because i trashed the place. Carpet needs to be changed and there was stain everywhere. They charge me over a thousand for all that stuff. After i left the place, i wipe that place clean from top to bottom and they said that there was alot of stain. What should I do?

sorry, i did not take pictures, before or after.

Answer 1

Whenever you move in and whenever you move out, take pictures. You are screwed. Also before you move in, check everything and, in writing, give the landlord a copy of the list and be sure you save a copy and have dated both of them. When you move out, you should do a walk thru with your landlord and the pictures and the move in list, and have them point out exactly what they don't like. Take more pictures if you disagree. With proof there is always small claims court. Without it, you are at their mercy.

Answer 2

Hopefully, you took pictures of the place with something indicating the date on it. If not, it will be very difficult to prove. Whenever I rented, I would take an enlarged photo of the daily newspaper, that I placed ON THE APARTMENT'S WALL, and emphasized the date by underlining it. Also, when I moved out, I would do the very same thing and this fact CAN NOT be contradicted. In this coldhearted world, one must have proof about a concern OR the BAD GUYS win. I would tell you that you could check out a legal aid lawyer. You must indicate poverty. In other words, you must keep your income and other business to yourself. If your income is small, then it is quite alright to share that information with such a lawyer. I hope that I have helped.

May you and your loved ones experience, a prosperous, healthy, God-endowed, Happy New Year. P E A C E!!!

Answer 3

This is the catch...the landlord cannot legally just "leave you in the dark" and just simply not return your deposit, and then turn around and charge you for $1,000 worth of damages.

In order to save your credit, you need to sue this guy for your ENTIRE deposit, and he is going to have to prove you created the damages.

Legally, he cannot charge you for normal wear and tear and normal maintenance items.

In most states, the landlord is required to send you a WRITTEN notice WITHIN 30 days of why they are keeping ANY of the deposit...and if you don't get that letter (which the landlord is required by law to prove they mailed), or even if it's 1-day late, then you may be entitled to treble damages.

Sue him in small claims court...you don't need an attorney.

PS: Too many people think that a landlord's vebal claims automatically take priority over yours...so what if you didn't take pictures...if you take him to court, and HE DIDN'T take pictures either...guess what? You get your deposit back.

Too many tenants just sit back and take this kind of abuse and they think they are powerless, and that isn't true.

You need to sue him, don't necessarily expect he needs to get a judgement on you...he doesn't have to go through the courts to use a collection agency....that is why you need to make the first move.

Answer 4

In my state- and maybe yours, too- failure of the landlord to return your deposit and/or an accounting of how it was spent within 30 days of moving out is against the law. You can be awarded TRIPLE damages.

In my state- and maybe yours, too- failure of the landlord to have a move-in condition sheet is also illegal.

I would proceed directly to my nearest legal clinic and explain the situation. I should think a clear, concise explanation of how your landlord violated the law- and the resulting penalties- will make him real smart, real quick. If not, you have an avenue in the courts.

Answer 5

There's nothing to offer but the "should haves" like pictures. He has your down, that's it unless you want to go to court and fight it, it's usually about four hundred after missing work, etc. He will probably win, they almost always do, that's why he kept your money.

Answer 6

let him take it to court if you owe, next apt take photos before & after. and contact the housing authority for advice they are listed in gov pages of your phone book