Replaced item will be my property?

[STT Resident]

Originally Posted by ShaneSA

I'd tell them I want to see the new stove in the apartment. If they will not show you, then stop payment on the check. No manager is going to replace a stove for scratches. they are making a killing on you. Don't let them take advantage of you.

Originally Posted by manderly6

The LL could very well have bought a new stove. That doesn't mean it went in that apartment. So if a LL produces a valid receipt I wonder what you can do? How do you prove anything past that?

I think ShaneSA addressed that.

Furthermore did the LL in fact provide you with a receipt for the new stove within 30 days (the usual jurisdictional requirement where return of the security deposit is concerned)? Too bad that you just paid it but I'd pursue it further as Shane suggested.

Ignorance of the law is one thing but doesn't necessarily mean you have to be out $351. Your description of the "damage" hardly warrants your being charged for a brand new stove and if you don't get some relief then a last resort small claims suit will only cost you $40 or so.

I'm NOT an advocate for suing at the drop of a hat as this has become a ridiculously litigious society where suing is first and initial communication second. However, I also get irritated by people who have genuine cause to litigate but say, "Oh well, a lesson learned and I don't have the time". The latter lame excuse simply allows someone to basically shaft the next one who comes along and, sorry, but that irks me no end.

PS: It was two months ago so you can't now cancel the cheque as I'm sure it was cleared a while ago.

[myNC]

Thanks for all your help

I gave the check on the 30th day (since I received their move-out charges on the 24th day of vacating since USPS took that long to forward to my new address) as the move out letter threatened they would send it to collections if not paid in 30 days after the date on the letter. By the time I gather information and such I reached the 30 day limit and as I did not want my credit ruined I wrote the check for whatever the amount they asked.

I started communicating with them since (even today I received/sent an email about other issues) and realized I could salvage some money, if not the replaced stove, only recently. I did not ask for the receipts or anything as I did not know I could.

My check has not cleared yet. Not sure why they did not deposit it yet. May be they are waiting to see if there is going to be any dispute or something?

[STT Resident]

Originally Posted by myNC

My check has not cleared yet. Not sure why they did not deposit it yet. May be they are waiting to see if there is going to be any dispute or something?

Suggest you call your bank and see if you can cancel it.

[KonaKat]

Originally Posted by manderly6

The LL could very well have bought a new stove. That doesn't mean it went in that apartment. So if a LL produces a valid receipt I wonder what you can do? How do you prove anything past that?

Good point! It's so incredible that someone would be that dishonest, I truly never thought of it. Unreal.

[jdm2008]

Originally Posted by manderly6

The LL could very well have bought a new stove. That doesn't mean it went in that apartment. So if a LL produces a valid receipt I wonder what you can do? How do you prove anything past that?

The key wouldn't be proving the landlord didn't buy a new stove, the key would be proving the same stove with the scratches is still in the apartment. Or to prove the stove was still functional when you left.

[manderly6]

Let's say the LL deducts the amount for the stove from your deposit. Tenant doesn't agree and takes the LL to court. LL produces a receipt for a new stove. Now what? Is the responsibility put on the LL to prove the old stove was damaged or is it on the tenant to prove it wasn't damaged?