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I recently moved out of a house where my security deposit was $1350. During my time there, I painted a few of the walls. There may have been a verbal agreement to paint the walls back when I moved out, but I don't recall it (the landlord said there was). The written agreement has nothing in there about returning the house to the way it was, just to a livable condition.
I didn't paint back, and the landlord ended up charging me $400 to paint the three walls back to white and $105 to clean the carpets. I received a certified check in the mail exactly 30 days from my last day in the house. I ended up depositing it that day because I went a little crazy at Christmas and needed the cash.
Last evening, I stopped in the neighborhood to visit a friend and checked out the old house to see if any packages were left behind. The blinds were open. I looked in and noticed that the landlord never painted the walls back! I gave him a call and he said that he took money out based upon quotes received. The work would be completed, it just wasn't yet.
My question is, what are my legal rights in this case? Can I dispute the $400 charge because he never actually had the work done?
Thanks for any help in advance.
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Ryan
Last edited by 2goldens; 01-05-2010 at 04:16 AM..
Reason: Moved from FL forum.
I recently moved out of a house where my security deposit was $1350. During my time there, I painted a few of the walls. There may have been a verbal agreement to paint the walls back when I moved out, but I don't recall it (the landlord said there was). The written agreement has nothing in there about returning the house to the way it was, just to a livable condition.
I didn't paint back, and the landlord ended up charging me $400 to paint the three walls back to white and $105 to clean the carpets. I received a certified check in the mail exactly 30 days from my last day in the house. I ended up depositing it that day because I went a little crazy at Christmas and needed the cash.
Last evening, I stopped in the neighborhood to visit a friend and checked out the old house to see if any packages were left behind. The blinds were open. I looked in and noticed that the landlord never painted the walls back! I gave him a call and he said that he took money out based upon quotes received. The work would be completed, it just wasn't yet.
My question is, what are my legal rights in this case? Can I dispute the $400 charge because he never actually had the work done?
Thanks for any help in advance.
--
Ryan
No, because at his convenience, he still has to repaint it which he will incur costs over . If you went to Court, the Landlord is going to tell the Judge that you painted it a hideous color and providing pictures.... that would inhibit him renting it out again. Have it put in writing next time as to this issue ; thats always the best way.
Nope you can't dispute the $400, if there is an agreement. Who knows maybe he is there today painting those three walls. The rule of thumb when renting is to return the apartment/house to the state you got it. So if the walls were white when you moved in and didn't have any holes in the wall, you should of painted and filled the holes in the walls, it would of cost you $50 and some time, but you would of gotten your full deposit back. Next time a month before you move out speak with the landlord and ask them what they expect the place to look like, for you to get the full deposit back. It will save you and the landlord a lot of stress and work.
I understand that RE laws are almost the same with few exceptions. In pennsylvania the wear or dirt in carpets are a thing that is not refundable because it is part of the business of plain old "wear and tear" due to dirt but not abuse. The leesor and lessee should know this in PA and Florida laws could be similar.
Also, painting the walls is not necessary unless the tennant painted them another color other than what was originally shown during the initial walk-through and rental agreement.
One more thing and it is up to the tennant to fill in drywall that have holes due to pictures or whatever. By the way $400 is not bad because in Sunrise I charged the tennants $16,000 of the $16,500 damage that was done after just 3 months in my rental home. Funny thing is that I phoned the Police to have them evicted and the Police told the tennants how to Real Estate Law. I phoned the Police once again after finding ut they wee advising tennants and in reality the Police do not have a legal foothold in telling the tennants their rights. If I didn't win my case I could have sued the Police too..and would have won...
The 2 renters did a real number on my rental home. Illegal drug paraphenalia was discovered in the ash trays, there were also basketball size holes in the doors leading to the 2 bedrooms, sliding closet doors taken off and put in the pool to float, damaged 18 pool tiles and some were actually missing, glued cheap vinyl tile on the granite counters and floors then pulled some up leaving the very sticky glue still on the floors and the new refrig was dented as if a hammer struck it several times outside and glass shelves were missing while the freezer door was broken. Light bulbs missing in all the lights and other damages too numerous to list. Torn and burnt markes in the new carpets throughout. Removed the garage door and sealed it up....
I did win quickly and received the dough and called the credit bureau to place a dispute on their credit and I also won.....
Renting a home is a no nonsense approach that owner must take so if you paid only $400 for some things that were not in order now that I think about the charges placed against you then you did well.
Take pictures next time you enter and leave.....and read everything you sign because a reasonable initial review is when things stand in a court.
Why would he/she tell you something instead of putting it in writing? Makes no sense to me and you know may not make sense to a small claims court judge too..
Always CYA... get everything in writing, especially when it comes to money. Always ask if you can do something to a house before you do it, and get it in writing that you can do it and how it should be left when you move out. Sounds to me like the landlord followed all of the Florida laws regarding your security deposit.
In California the landlord actually has to complete the work and send you receipts as evidence of completed work in order to take money out of the deposit. It is not enough to just get "quotes" for work that "may" be done - it has to actually be done.
Of course one relevant area is what state you live in - there may be specific laws in place for stuff like this.
In California the landlord actually has to complete the work and send you receipts as evidence of completed work in order to take money out of the deposit. It is not enough to just get "quotes" for work that "may" be done - it has to actually be done.
Of course one relevant area is what state you live in - there may be specific laws in place for stuff like this.
Here's the CA link... and there is an exception for damages of $126 or less as well as a procedure for estimated damage for those interested...
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