When a landlord lies??

Discussion in 'Credit Talk' started by NanaC, Aug 29, 2001.

  1. NanaC

    NanaC Well-Known Member

    Hi, all! First, I'm having LOADS of trouble with my ISP. I'm cancelling my cable modem and hooking up a DSL and have to use ucky AOL in the meantime. Figure the free trial will take me through...the stupid cable goes down at least 2 times a day..so I can't use it now..I'll have the new ISP on the 10th..in the meantime, forgive my AOL ISP..yuck..

    Anyway...you know we moved from our rental house in CO to our own home in June. We moved out with proper notice of the rental on June 28 (2 days to spare). We left it in better than we got it shape..it was not in good shape at all when we got it. We had a $875 deposit. Well, it's the end of Aug and today we get notice that they want $269 MORE dollars from us with this list of things that were wrong. Mind you, we lived there 3 years (never late, either!) My husband works in construction so we actually fixed things, adding doors, etc. Anyway, they have things like hourly cleaning charges and then seperate cleaning charges..like "clean refrigerator" Said they had to clean the carpet twice (NO WAY, we cleaned it before we left - hubby has professional equipment to do it!) We scrubbed the place top to bottom cuz we wanted our deposit. Things like screen charges. There were only 2 screens on the whole house when we moved in (we documented this). It's a totally fraudulent claim!
    I'm also wondering about them waiting 45 days before doing anything...and I can't find out dadgum lease..
    So, Ideas? How do I approach them (we will go to court if necessary...they are lying so badly!)? Thanks everyone...

    GEORGE Well-Known Member is all I get now...no ISP's show. I would have never known.

    Do you still get me with my @HOME FTC-CO?

    GEORGE Well-Known Member

    CAN THE NEIGHBORS HELP? Did anybody come for coffee?

    Do you have "BEFORE" and "AFTER" pictures?

    WITNESSES who were there the week before leaving?

  4. Cadillac408

    Cadillac408 Well-Known Member

    Sorry to hear about RoadRunner Nana. I live and die by ATT@Home. I've never had a problem ever and can't imagine having any other ISP.

    About the deposit thing. Sorry to hear that they are trying to rape you. Don't feel bad. I have only rented 3 (including my current residence) apartments in my name. 1 place gave me back 1/2 my deposit (I didn't clean it very well) and the other place gave me back 1/3 of my deposit (I cleaned it top to bottom). I was frustrated as well but since both places were 2 hr. away from my new residence , I felt that I didn't have the time or effort to argue the point. Now I just assume that when you move from a place, you almost NEVER get your full deposit back. I've learned to accept that. :-\
  5. breeze

    breeze Well-Known Member

    They don't go through the apartment with you before you move in and make a note of each item - like the fact that there were only 2 screens...?

    Then they are supposed to go through it before you move out, noting any changes.

    Then you are supposed to get a copy of each "Walk-through."

    This is the procedure that is supposed to be used.

    GEORGE Well-Known Member


    Olympic Park (softball tournament)
    15501 E Yale St
    Aurora, Co. 80112


    To your old house and I'll see for myself...
  7. doodyhead

    doodyhead Well-Known Member

    I had a landlord do this, they made up a bunch of things that had to be fixed, that were broke when I moved in. I made sure everyone I knew found out what they tried to do to me, I didn't pay them a dime.

    I had an attorney write them a letter & I havent heard from them since, this is over 8 years ago.

    Check the laws in your state, there's been a couple times I had to look up stuff online and there's a bunch of sites if you just do a search. There are things they probably can't even legally charge you for if you lived there 3 years. Like, painting, and the carpet would be considered normal wear & tear --- which they PROBABLY can't charge you for.

    good luck, landlord's suck.. .it would be nice to have a service where you can get references for landlords, they're picky about who THEY rent to, we should be just as picky about who WE rent FROM. Bastards.
  8. NanaC

    NanaC Well-Known Member

    OOK.....MP - They don't want to give us back a small portion, they want MORE!

    Breeze, yes, we did a walkthough when we moved in noting everything. They did not give us a copy and being pre-creditnet days, I didn't get one...

    We requested a final walkthough twice before leaving and they said they would show up and never did.

    I have witnesses...I have maybe 15 people who saw the house but they are primarily family..is that a problem? I have 2 that weren't..It was SPOTLESS and improved!!

    I just downloaded the CO law..it says they can only keep the deposit for 30 days or notify us within 30 days of a problem unless specified in the lease. They didn't and I don't have a freakin' copy of the lease (lost in move, I guess)...if I request one, do they have to give me a copy?

    Can we request that they prove they actually paid for these repairs/clearning. Can we file just on the basis that they have clearning as a seperate charge, then cleaning again as another charge? (Am I saying this clearly?) The law says the "landlord shall bear the burden of proving that his withholding of the security deposit or any portion is not wrongful."

    Should I first request a copy of our signed lease with walk-through sheet then argue? Help...I am so furious (this is so farfetched, it is pathetic), I can't think.

    Finally, these people rent to credit-hurtin' people...so, when we first rented, we were desperate. They think that because we were credit damaged, we are an easy target. It makes this worse!

    I can't get @home in El Paso..wish I could..:( Had in CO (Yup, George!)
  9. doodyhead

    doodyhead Well-Known Member

  10. NanaC

    NanaC Well-Known Member

    George, you are a dear! Ok, go the park, I believe that park is at the corner of Chambers and Yale...go down yale to the 4 way stop. You will hit Laredo (it's either a drive, avenue, or something like that). Turn left at the 4-way stop. The street will end at another street (like a T). Turn right and the very next crossing street will be South Laredo Court. Turn right again and we were 2625 South Laredo Court. (You are slmost within walking distance from the park).

    Thanks, Doody!
  11. Cadillac408

    Cadillac408 Well-Known Member

    I know and that is BUNK! Same thing happend to me at the last place I moved out of. I was never officially on the lease. My kids dad and his friend were. I moved in and his friend moved out. Then my kid's dad moved out and I was there (unofficially). Long story short, I was given a 30 day notice for no apparent reason. They stated that they needed 6 months to upgrade the place (bathroom needed to be torn out, ect.) so I moved and didn't bother cleaning the place AT ALL (for what? They were upgrading, right?). Next thing I knew, they sent a bill (addressed to me, my kids dad, and his friend...I got it via mail forward) for like $1700 for repairs, cleaning, painting, etc. Hello? I thought you guys were upgrading.....not at my expense! So I called them and told them to.....well.......you know! I also told them that they needed to talk to my ex and not me since I was NO WHERE on the lease and never signed NADA! They sent a few more letters, I sent them back unopened. Never heard from them again.

    Nana, if I were you.....I would just cut to the chase and take them to small claims court and sue them for your deposit. You have to wait 30 days, correct?
  12. GEORGE

    GEORGE Well-Known Member

    FILE A NOTICE OF INTENT (letter) for a small claims court action for wrongfully with-holding of your entire deposit.


    Certified R/R...
  13. GEORGE

    GEORGE Well-Known Member

    MP$40...45 days+
  14. Erica

    Erica Well-Known Member

    This is from the rentlaw site:

    "Colorado law requires the landlord return the security deposit or an itemized statement of the deductions and balance, if any, to the tenant within 30 days after termination of the lease or the surrender and acceptance of the premises, whichever occurs last. This time period may be extended up to sixty days if specified in the lease. The landlord must either deliver or mail the full deposit or a statement of deductions and the balance of the deposit to the last known address of the tenant. If the landlord fails to provide a written statement of deductions and the balance of the deposit in full within the specified time, the landlord forfeits his right to withhold any portion of the security deposit
    -72 hours if a hazardous condition involving gas equipment requires tenant to vacate."

    Hope this helps!
  15. Cadillac408

    Cadillac408 Well-Known Member

    Wow.....it's weird seeing people live in Aurora of all places. My pop's lived there for a hot sec (6 years actually). He workd for Southern Pacific Railroad. I remember visiting there back in 92. First time I ever heard of Wal*Mart. There was a big huge park right on the other side of his backyard fence. I can't think of the name of the street he lived on though...
  16. NanaC

    NanaC Well-Known Member

    Thanks, all..Erica, thanks for the legwork! I've downloaded the section.

    Ok, MP, wait 30 days for what? I know that we moved out on 6-28-01 and they did these "repairs" on 8-15-01. They supposedly did $1136 worth of repairs on 8-15-01 and mailed this bill on 8-16-01.

    Ok...here's what I'm thinking since I don't have the lease copy or the walkthough copy. I'm going to send a certified letter/return receipt tomorrow saying that we dispute the amount and are requesting that they send us a copy of our signed lease and signed initial walk-through within 10 days. Once we get that, we will see if it says 60 days for holding on to the deposit (cuz if it doesn't, they lose and we get triple our deposit). I think I need to get that first before I go to Small Claims..and I have to file in small claims in CO, is that right?
  17. NanaC

    NanaC Well-Known Member

    George, should I wait to get the lease and walkthrough first? Seems logical to me! I did see you were right..I need to give them 7 days! Thanks for clueing me in on this!

    I was just noticing their price list for cleaning and repairs they sent us...it has no property address listed and no moveout date, no tenant name...it could have been anybody's list!
  18. Erica

    Erica Well-Known Member


    That sounds like a plan. But, the way I read the law is that they have 30 days to get you the refund or an itemized list of repairs from the date you move out or the date the lease is up, whichever is later.

    At any rate, your plan sounds good to me. They also didn't follow up on the final walk-through which is required by CO law to be done within 5 days of the lease termination. It is their own fault.

    Good luck!
  19. NanaC

    NanaC Well-Known Member

    OOOOOOh, where was this walkthough section? I missed that. So, we requested 2 walkthoughs and they didn't show up (clearly planning this the whole time knowing we were leaving the state..) and that's a no-no? Well, I mean a legal no-no..it's obviously a moral one..but anyway
  20. Becky

    Becky Well-Known Member


    Sorry to hear you are going through more garbage. Sometimes I wonder if it will ever end.

    We are in a house now that we lease/optioned. First time either of us ever rented so we had no idea what our rights were.

    We have a $750 non refundable deposit. With another $650 credit built up if we were to purchase.

    Since we can not get a loan without giving a major organ at the moment. We are asking for an extension on leasing only. Lease is up end of Oct.

    We have the feeling that they will not renew if we don't buy. Which will put us in a really great position.

    Anyway I digress. This place had been empty for almost a year. Closed up with no air or heat. The hummidity here destroys everything.

    So just every day useage is causing the place to fall apart. We did the walk through & noted everything wrong. Also never got a copy. Not for the lack of trying, but the realtor wouldn't give us anything we signed. It took months to get the paperwork. Which is law #1 broken.

    First month opened up the windows & the screens would fall right out. Rotted plastic corners. Shut one of the windows & the glass broke. The knobs on many of the interior doors take a wrestleing match to open. Put stuff on the pantry shelves & they come tumbling down. The list is endless.

    So far we have put well over a grand in to this place on top of the deposits.

    When the furnace broke & it was 42 degrees in here at night. The landlord refused to fix it. Said it was an up grade.

    So keep me up to date how you handle it. Cause I have a feeling I will be traveling down the same stream as you.

    Good luck.


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