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So long story short, My girlfriend and I (both 23 years old) rented a town home in South Scottsdale and the unit wasn't in perfect condition (walls had holes, missing paint, damaged crown molding, etc) however due to these conditions i was given a discount. I put down a $1000.00 security deposit with the understanding that once i moved out $200.00 would be deducted for cleaning. (no beginning walk through was done)
I then find out one day that the property management / landlord sold all the homes to a new company whose run by Southwest Realty Property Management. I recently just moved out May 31st (May 31st being the final walk through) and got a letter in the mail saying that the unit was damaged and left dirty and that i wouldn't be getting my $800.00 and they want an extra $1000.00.
My question is are they allowed to do this? I did leave the property a bit dirty, but i figured that since i was getting docked $200.00 that they would clean up the property anyways? Me and my girlfriend explained to the people that were doing the walk through that the damages to the wall, crown molding, etc were done by the previous owner. I took pictures of the property in the beginning when i went to check it out, but not in the sense to protect myself and in the pictures you can see some of the damages on the walls and so fourth. Can i use the fact that there was no beginning walk through to prove that i wasn't the cause of the damage to the property?
(P.S. my parents told me to take them to a small claims court and if we lose then we lose and we'll lose)
I would take them to court. It will be interesting since they weren't there when you moved in. Not sure how they can claim to know the damage didn't already exist.
But this should be a lesson for you. You should have documented the damage and got it in writing that the LL agreed it was there from the beginning. Imagine if you had that letter now.
Thx for you're response, yeah unfortunately i had to learn the hard way :/
Quote:
Originally Posted by manderly6
I would take them to court. It will be interesting since they weren't there when you moved in. Not sure how they can claim to know the damage didn't already exist.
But this should be a lesson for you. You should have documented the damage and got it in writing that the LL agreed it was there from the beginning. Imagine if you had that letter now.
Dispute the charges in writing, certified mail, return receipt requested, then file in small claims court for the return of your deposit, no big deal. They'll have to show that walk-through form that doesn't exist and is required by law.
Make sure your letter includes a current address for where to return the disputed deposit.
If the letter is returned, then leave it *sealed* & take it to court, so the judge can open it. Not opening/accepting certified mail is no defense for the landlord or the tenant.
If you get a letter from a collection agency, dispute the charges *in writing* promptly, as per the FCRA to keep it off your credit report.
Phone calls and in-person chats don't work for this kind of thing, if it isn't in writing, it never happened.
Dispute the charges in writing, certified mail, return receipt requested, then file in small claims court for the return of your deposit, no big deal. They'll have to show that walk-through form that doesn't exist and is required by law.
Make sure your letter includes a current address for where to return the disputed deposit.
If the letter is returned, then leave it *sealed* & take it to court, so the judge can open it. Not opening/accepting certified mail is no defense for the landlord or the tenant.
If you get a letter from a collection agency, dispute the charges *in writing* promptly, as per the FCRA to keep it off your credit report.
Phone calls and in-person chats don't work for this kind of thing, if it isn't in writing, it never happened.
Thx for the reply! When you say the walk-through form doesn't exist are you talking about the beginning walk through or the final walk through? (they do have the report of the final walk through with pictures and etc)
Thx for the reply! When you say the walk-through form doesn't exist are you talking about the beginning walk through or the final walk through? (they do have the report of the final walk through with pictures and etc)
The beginning one is the one that matters.
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