Monday, February 8, 2010

False charges for damages from previous landlord- what are our rights?

My husband and I moved out of a house we were renting approx. 6 months ago. All of a sudden we receive a bill in the mail for ';alleged damages'; in the amount of $4668! They never returned our security deposit ($1300) and we didn't even bother to ask because in our experience, landords always find a way to keep it. So we have never received an itemized list as to why they kept it and now this, with of course no itemized list for supposed damages. When we moved out, the place was rented only a few weeks later, and there was nothing wrong with the house except the normal wear and tear you would expect after 2 years of living. Obviously nothing that could not have been taken care of with our deposit they kept. Is it even legal to send something to us now after six months? How do you protect yourself in this kind of situation?False charges for damages from previous landlord- what are our rights?
At a minimum, send him a response requesting an itemized list of all damages and repair costs. Chances are the list alone will incude items which would be considered normal werar and tear.





You should definitely check the landlord tenant laws for your state. Many states require landlords to send itemized lists of damages within 30 days. If the landlord fails to provide the damage list within that time, they can't collect anything and have to return the deposit.False charges for damages from previous landlord- what are our rights?
They were supposed to send you a letter itemizing damages to account for keeping your security deposit.


You were supposed to have done a walk-through with them when you moved out and had the list, like the one you had at walk-through before moving in, signed off on.


So you've got a mess on your hands.


I do not see how they can collect from you, but I have no idea what state you are in, what your lease read, etc.


I suggest you call your county bar, get a referral, and go see a real estate attorney. Take your lease info, this bill, and any pertinent info (did you take pix when you moved out? Have an independent witness? Anything?) Probably run around $50 for 30 minutes. You may or may not be able to resolve this in that amount of time, but likely what will happen is he'll charge you to write the landlord a demand letter.
I had this happen before.





I had a great relationship with the landlord while we lived in the apartment but it was like we betrayed him when we moved out.





He sent out a letter stating that due to damages to the apartment we would not be receiving our security deposit back.





I sent a letter to the landlord asking for receipts for alleged repairs. The list he provided was things that were all covered in the redecorating fee that was a separate charge when the lease was signed. When I pointed this out he conceded and mailed out our full security deposit.





The landlord is counting on you paying the charge without questioning it.





For the landlord to charge you $4,668 they must have some basis for the charge.





READ you lease before you sign it. Look for hidden charges.





ALWAYS take pictures of ANY damage in the empty apartment when you rent, no matter how minor. Try to have the landlord or manager there with you when the pictures are taken. That way when they try to charge you, you have evidence that the damge was there before you were.





When all else fails consult an attourney. $4,000 is a lot of cash to give away.

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