Tenant-Landlord disputes - expected life of paint and mini-blings (Dallas: rental, credit)

[cobra5]

Does any one in Dallas area have experience where the judge allowed a tenant to use the expected life of paint and mini-blinds to keep landlord from making tenant pay for entire painting and all new mini-blinds. Tenant lived in house for 7 years, expected to pay for damage with deposit but not entire amount. All items seem to be excessive.

[EDS_]

Originally Posted by cobra5

Does any one in Dallas area have experience where the judge allowed a tenant to use the expected life of paint and mini-blinds to keep landlord from making tenant pay for entire painting and all new mini-blinds. Tenant lived in house for 7 years, expected to pay for damage with deposit but not entire amount. All items seem to be excessive.

What is the amount, how many sf2 is the apt, do/did you have dogs, cats, kids in the apt.?

7 years may well be about right to redo these things. That said multi-family landlords are terrible about expecting people to pay for normal wear and tear out of the damage deposit.

[cobra5]

It was a rental house, 1200 sq ft, that my son lived in for 7 years, kids and dogs. There was damage but I have seen posts (although not any in Texas) that say judges only allow the landlord/realty mgt. company to charge for damage, not the entire costs of repainting the house after so long - that is wear and tear, a normal business expense. Also mini-blinds have an expected life, cheap ones don't last. At least they did not charge for the carpet because they came in and ripped it all out and replaced it with fake wood flooring.

The deposit was $800 and they want $860 more. There is no dispute about the damages, but he thought his deposit would cover it all. Trying to figure out if he can fight it in court, or just pay and chalk it up to experience with a realty company that was difficult for the entire 7 years.

[EDS_]

Originally Posted by cobra5

It was a rental house, 1200 sq ft, that my son lived in for 7 years, kids and dogs. There was damage but I have seen posts (although not any in Texas) that say judges only allow the landlord/realty mgt. company to charge for damage, not the entire costs of repainting the house after so long - that is wear and tear, a normal business expense. Also mini-blinds have an expected life, cheap ones don't last. At least they did not charge for the carpet because they came in and ripped it all out and replaced it with fake wood flooring.

The deposit was $800 and they want $860 more. There is no dispute about the damages, but he thought his deposit would cover it all. Trying to figure out if he can fight it in court, or just pay and chalk it up to experience with a realty company that was difficult for the entire 7 years.

You can't get a good lawyer to pick up the phone over $860.

I'm not a fan of small claims court in this situation. You are not used to it the landlord almost certainly is.

1. Tell the landlord that normal wear and tear mandates a re-paint after 7 years and to back that out of the bill.
2. Cheap blinds have a half-life of about 5 years - they are crap after that with any use. Tell him you'll kick in $100 towards new ones.

S/he also need to provide you with a list of costs. I think the rub is $1660 isn't much to do a no-flooring light rehab on a house. However, it shouldn't all be on you guys.


The problem is as the end of the day landlords have the advantage in this situation. He can damage your son's credit - it's better to pay the $860 to avoid that. I'd also fight a bit to get that $860 number down to $200 or $300.

[cobra5]

Have done all the above - attorney will charge $800 just to read the lease, actually talked to 4 on the phone and learned a little from each. Tried to discuss with realty company owner on the phone, but he wouldn't budge and just hung up. Did receive copies of their invoices from sub-contractors so prices are verified but they all seem very high. Going to do the $20 for 30 minutes with a Dallas Bar Association attorney to get an idea if fighting is worth it, if "expected/depreciated life" is valid. I guess they will file in a small claims court. Son is a plumber so if he has to take any time off, it is without pay. I go back and forth between paying so it will go away and fighting because this realty company will keep doing this (according to online reviews others face the same) and I hate for them to win.

[aggieplaya]

How many mini blinds were damaged? What was the damage to the walls/paint - a few holes or more significant damage in multiple rooms? What did the invoices say was repaired? Did he have a big dog? Big dogs typically tear up flooring and you may have actually gotten lucky they didn't charge more for flooring which can be a huge expense...

At the end of the day, it may not be worth spending time and money to salvage $860 savings on this as you will probably spend at least that fighting it.

[cobra5]

I did pay the Dallas Bar Assn $20 to talk for 30 min. to an attorney in my area. While he didn't really have any personal experience in Small Claims court, he said they usually take the side of the underdog (my son). He suggested presenting the realty co with a list of the plumbing items my son had done at the house with no reimbursement, citing the "normal wear and tear" on the paint and mini-blinds, offer to split the amount owed because there were damages and see what the realty co says. If they take it to Small Claims court, he didn't think we could negate the entire $860 due but get maybe half chopped off. But the realty co might decide to cut their collections cost and just take the half if offered. If they don't accept, we should call the owner and explain that the realty co is not being reasonable, see if he will intervene.