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That's also the near the approximate cost of filing a small claims case ~$77. Double that, if they want a jury.
OP, I'd say walk.
On the other hand, if you plan to use this landlord as a reference, and your next landlord will be contacting them to confirm your rental history, you may want to appease them.
Also depending on the age of the toilet, and if you know the manufacturer Make/Model, Kohler, American Standard, etc, you may be able to contact them directly to request a toilet tank lid instead of a whole toilet.
Or a place like this looks to stock about a million kinds of tank lids: Cheap Toilet Tank Lids
That's also the near the approximate cost of filing a small claims case ~$77. Double that, if they want a jury.
They are not going to allow a jury trial over a toilet.
The landlord can include the filing costs into the claim, if they win then they will have a judgement. Good luck renting a decent property with a judgement from a Landlord in your history.
You can research landlord and tenant rights, if you like, using a free booklet available at the self-help center on the 2nd floor of the Metro Court building:
Quote:
The Bernalillo County Metropolitan Self Help Center 505-841-9817 (formerly the Pro Se Division) helps people who wish to represent themselves in small claims cases and landlord/tenant disputes.
If he relieved you of liability ( which he did by giving back the deposit) then you are clear.
landlord did a walk thru, you vacated the premises, there is no way to know if you caused the damage or a work crew or the landlord himself did. He should have done a more completely walk thru and not given the deposit back till he was able to properly inspect the place.
However with all that said, check your lease see what it says, it may have a provision stating even though the deposit is returned we have x amount of time to bill you for damages. But I would say you have a good case if you wanted to fight it.
If he relieved you of liability ( which he did by giving back the deposit) then you are clear.
landlord did a walk thru, you vacated the premises, there is no way to know if you caused the damage or a work crew or the landlord himself did. He should have done a more completely walk thru and not given the deposit back till he was able to properly inspect the place.
However with all that said, check your lease see what it says, it may have a provision stating even though the deposit is returned we have x amount of time to bill you for damages. But I would say you have a good case if you wanted to fight it.
Really? The OP basically admitted to doing it but is hoping to get out on a technicality. Unless the landowner explicitly released the OP (returning the deposit is not explicit, only implicit), the OP is not off the hook. Here's how it would work out in small claims court:
Judge: Did you break the toilet top?
OP [under oath]: Yes, but I shouldn't have to pay because the landlord happened to not notice during his first walk through.
Judge: You're paying
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