I recently moved out of an apartment and into a new one at lease's end. I live in Ohio in case that may affect anyone's comments. I put a $300 damage deposit down with the landlord, but they claim damage to the apartment far in excess of what it would cost a landlord to remedy said damages. Their letter follows: --------- Dear TomJones: We cannot release you from your Lease Contact with Annoying Landlord, Inc until the following charges have been paid. The checkout of your vacated apartment found the following damages. Damages are, above and beyond normal wear and tear, negligence to prevent damage, or blatant damage: Cleaning $125 Shampoo $85 Paint $350 Missing kitchen cupboard door $50 Repair hole behind front door $25 Repair bathroom and bedroom walls (scrapes and stains) $25 TOTAL CHARGES $660.00 Less Security Deposit Applied ($300.00) TOTAL BALANCE DUE $360.00 Please forward your check, in the amount of $360.00 within 5 days to obtain a release from your contract. Sincerely, Annoying Landlord, Inc --------- Now, it should be emphasized that while nothing above is "made up" and is all a reasonable part of preparing my former residence to be occupied by a new tenant, I believe most if not all of the charges are excessive. This unit was only 400 square feet, and while it was mostly carpeted, it occurs to me that a large landlord likely has ways of getting cleaning, painting, shampooing etc done on the cheap. Especially for such a bloody small unit. How would you respond? Here are routes I am considering: 1. Paying, with a note included with the check indicated a disclaimer of actually *owing* the money, and then proceeding to sue in small claims for the portion of the abovementioned that I consider excessive. My state caps small claims at $400, but I think that may satisfy me. I'll note that I send the money purely to preserve my credit rating during my dispute with them. 2. Sending a letter similar to what a collection agency sends at the begginning, followed by sending an intent to sue letter demanding the part of my deposit back which I am entitled to. Followed by suing, if needed. I like 1 because it prevents my credit from being at risk, hopefully anyway. I like 2 because I believe it offers a greater chance of keeping my money.
tom, As a former landlord, looking at his quotes, they do not seems excessive to me. did you take pictures of the apt. before and after you moved out. Are you sure he is going to send this to a collection agency? why would it show up on your credit report? If you are sure they are excessive, let him take you to court and prove his damages. However, overall, i don't think you have much of a leg to stand on, if he can show receipts for his repairs. your only recourse would be that he did not mitigate his losses, which might be hard to prove if he takes you to court.
They don't seem excessive to me either. While many people don't do it, you are supposed to leave the place as clean as when you moved in...so that likely means shampooing the carpet, or painting, etc. I don't see why the landlord should have to bear these costs. Just my opinion... L
Ok. It seems you think these are reasonable damages. Let's see if anyone else chimes in with that opinion, and if they do, I'll go ahead and forward payment in full. Regarding questions of whether they would send this to collections or not, there is no evidence stating that they will. Any such belief is merely conjecture on my part.
A tenant is allowed "reasonable wear and tear" upon moveout. 350$ for paint? They can only charge you for paint if you scuffed up the walls or marked them. If the paint was simply fading or peeling then it is the landlord's obligation. I mean think about it. If your roof started leaking should you be required to fix it. Of course not. I'd definitely protest this in writing to your former landlord. Most likely they're hoping you will forget about your deposit in exchange for not charging you more. Just another scam these LL's will try.
The only thing that I would have a problem with is the $350.00 for paint as they would paint anyway before renting the apartment. I would make an offer to settle this for 50% as a collection would almost cost the same.
That's nothing, the only derog that I have is fm a ca for a situation similar to yours. EXCEPT I was charged 950.00 for painting a border of bunnies around the room that was my daughter's nursery. If anything, it was an improvement to the place. The ca would not settle.
How long were you in the place? The kitchen cabinet and wall repair charges sound reasonable. The carpet and paint depend on "reasonable wear and tear". Hence, I ask how long. I would demand that they provide proof that they spend those amounts for these services. Often landlords charge for repairs, and then don't do them, or pad them. You need to find out about your local tenant rights laws.
tom, more importantly, why are you worried about this showing up on your credit report? if there is no threat of that, and if he is sure about his case, he will go ahead and sue you. In court, you will have amply opportunity to claim his estimates are excessive and/or included in the normal wear and tear of renting. Otherwise, he will just drop the issue. You also have plenty of time to negotiate if indeed he does end up suing you.
I am sorry, did you say how long you lived in rental? I do agree that $350 is a little much for a apartment that size. I am a landlord and am going through a very costly eviction with a tenant that I am not really worried about the paint cost when I have major contruction repairs and 3 months of rent that I will have to go to small claims court and collections to hopefully!! I say that because I heard he is filing for a BK. Sorry, to go on but it just struck a nerve with me... I would dispute the $350 paint cost and pay other or like the other poster 50% of the damage. Good luck.. ~Judith~ Newbie-I have been lurking for the last few days. I am getting ready to jump in to help husbands past bad credit & some of the old stuff I still have on mine.
Marc, did you read my post above? The manager of the complex I was in turned it over to collections. My only derog left?
Didn't they do a walk-through before you moved out? If you moved out without insisting on a walk-through, then, I would ask to see the receipts for the work and materials before I paid. He can't sue you if he can't prove that he paid those amounts and had the work done.
tnobles, not every landlord sends these things to a collection company. Even if they did in Tom's case, i would wait to see how serious this guy was before paying. OT-- never leave a "damage" deposit on an apt. only a security deposit. in most states, a security deposit falls under strict landlord/tenant laws.
I agree Marc, but my experience in both apts. that I have been in is the one I mentioned above, and another apt. that themselves put a charge off on my report for a hundred dollar balance that I knew nothing about until I applied for a mortage. So the only 2 apts. I have ever lived in, both placed something on my reports. Like I said earlier, one I still have not gotten off. Of course I really have not pushed the issue. But tom is doing good by thinking ahead of potential problems.
But like I said, I agree with you, that does not mean that his landlord would neccessarily turn it over to collections.
I was in there for 18 months. I'll be honest, the walls were slightly stained, I kept killing spiders on them. And I couldn't wash those walls before I moved out due to the extremely CHEAP, non-glossy paint they used.
Cleaning the carpet, and painting are part of maintenance to prepare the apartment for the next tenant. He cannot charge you for this. Also, the scrapes and stains on the bathroom walls are preparation for painting! The rest does seem reasonable though. And small claims is more than $400 in Ohio. You need to read up some more. Good Luck.
I was in almost the same position. I moved out and the landord kept my deposit of 600 and claimed I caused 1300 more worth of damages. They said the entire hardwood floor and to be refinished, a bathroom floor had to be replaced, carpets replaced and a ton of cleaning fees. We left the place the same as when we moved in. It was all made up. They even were charging for 1/2 month extra rent for the time the repairs we supposedly being made. So they sued me and I contersued back. They brought in copies of hand written reciepts. They really couldn't prove anyhing but since I couldn't prove anything the Judge split it down the middle and I had to pay like 300 on top of losing my security. Thats the most common thing they do in small claims, they slpit it down the middle if it is close. But now I have a judgement on my credit report. I would pay the money, it's not worth risking a judgemnent in small claims court. Then I would sue them, have them see what it feels like to be sued. Then you are assured that it never get's on your credit. And if they don't settle with you before court and even if you only get a partial judgement it's on there record.
I've decided to follow this route. I will be sending them full payment of the $360 they demanded, with a note attached to it indicating that I do not believe I owe this quantity, and do not by paying agree to this debt. Does anyone know where I might find sample wording for that?
