landlord MAY be schisting me...need some advice....heres the facts?
-Needed to break lease early, given two options-find new tenant or pay till lease ends.
-Had to move out 8/30/10, posted ads to find possibly tenant, multiple tenants came and liked
-Landlord made me responsible for finding new tenant-I did all fielding of phone calls, walk thrus,etc.
-Summer 2010--ceiling fell in living room due to moisture, not tenants fault, landlord paid for repairs here, however, declined to buy new carpeting when contractor recommended to
-No cooperative walk thru even when i announced my departure day
-landlord performed solo walk through documenting multiple damages
-damages that were reported, verbatum from email-
"$250 for general cleaning
$300 for attempting to clean carpet
$150 for paint/labor/supples
$50 for removal of objects left
$590 for lost rent of september"
-security deposit was $590, bringing total fees I am responsible for to $750, wants this paid by Sept, 15 as suggested in email
Truthfully, the carpeting was worn in high traffic areas, not irreplacable as I cleaned them. The holes in the wall were ther by push pins, pinholes. Maybe thats too much I guess. I notified landlord in July I was going to college at end of August, roughly 45 days approx notice I gave. No effort to find new tenant in the meanwhile, and I played real estate agent during last two weeks of August. Landlord tends to drag feet when handling major issues, and has also claimed money was tight. Doubt that matters...just saying. Its not what you know, its what you can prove. I unfortunatly dont have pictures of carpeting, walls, etc, however I am curious as to how Landlord came to the conclusions that he/she did about the condition after I left. Any advice is appreciated, If i left out details I will fill in accordingly to clarify the situation.
I initially moved out-emptied as much as I could, came back a week later and did more deep cleaning, carpets, stove fridge, bathroom. But this was after the fact my landlord performed the walk through documenting my "damages". Technically, when I went back, the apartment was still in my name, and no new tenant has yet moved in. Thus I should not be charged for damages nor should a walk through have occured since I still had legal rights to rent. However, I was still documented for the 'general cleaning' carpeting, etc. as mention earlier. Seems like landlord wants to do some upgrades at my expense. Also---I was given ultimatum of paying these damages ($750) or prepare to go to court where landlord is seeking full payment of lease ($4880)
- LandlordLv 71 decade agoFavorite Answer
He is likely to win. Sorry. But you broke the lease, which will start off labeling you as unreliable and dishonest. Because the judge has documentation that you are a dishonest person he has to believe the landlord over you. You need to pay for all repairs, cleaning and hauling that was required to make the unit move in ready. He will only get rent until the date he re-rented the unit though, not the entire lease. If it is not rented he is likely to only get 2 months.
- JenniferLv 61 decade ago
Use the landlord tenant law to your advantage. Google landlord tenant laws in your state and see exactly what the landlords requirements are to claim deposit for damages. In some states the landlord is required by law to send you an itemized list of damages AND copies of receipts or estimates for work - some states require estimates and some require copies of the actual receipts for work done. Usually the landlord must notify the tenant in writing and I'm not sure if an email counts or it must be by snail mail. Regarding the walk through - technically the landlord should not be able to conduct a walkthrough until after the last day of September, since he's charging you for rent for September you should still have a key and have full access to that apartment for the month of September, which should give you ample time to rectify any damages or to go into the apartment and see if the landlord has actually done any work or if he's just pulling charges out of thin air. If there is someone else living in the apartment it may be illegal for him to charge you for the time that the other tenant occupied the apartment, but this varies by state. There is usually a deadline after the apartment is relinquished for the landlord to file for damages in the way the law specifies - after this deadline (which varies by state) the landlord automatically forfeits his right to the entire deposit no matter how trashed the place is.
- R PLv 71 decade ago
Your landlord was under no obligation to accept a new tenant that you found; that person has to undergo the same qualifying process that you did. So, charging you for September's rent is acceptable.
Your landlord should not have conducted the final walk through until after September 1st when you were gone & had turned in the keys. It was your place until August 31st. You should talk to the landlord and explain that you went back after receiving his email and cleaned/repaired. Ask for another walk through.
He has to send send a written notice documenting the deductions. Sending via email will not stand up in court. Read your state statutes; in FL the landlord has to either return the security deposit within 15 days or send a detailed listing of deductions within 30 days via certified mail. Most landlords also pay for a return receipt so they know when the former tenant received the notice.Source(s): FL landlord
- 1 decade ago
Almost exact same thing happened to me. Just look through all the paper work and agreements (tedious, I know) and I guarantee you that you will find some rule the landlord broke. When this happens, you are entitled to leave WITHOUT notice. End of story.