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Old 11-03-2011, 11:43 AM
 
1 posts, read 1,228 times
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Hi, I moved out of an apartment 4 days ago and my Land Lord gave me a check for my full security deposit after inspecting the apartment. I have paid it into the bank and i have the funds in my account. Now my landlord wants to charge me for repairs to a carpet after cat pee ruined it. Can he do this even though he paid me my deposit back?
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Old 11-03-2011, 12:20 PM
 
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according to what we understand, if a walk through is done, and the landlord cuts a check and gives it to you, and you deposit it, it's yours.
the landlord, when issuing the check, acknowledges that the property is/was returned in an appropriate condition.
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Old 11-03-2011, 12:31 PM
 
Location: Here and there, you decide.
12,904 posts, read 27,849,846 times
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Did yo and the landlord sign a final walk through document, if not, pay it
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Old 11-03-2011, 01:28 PM
 
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I would think he still could go after you for it if it was something hidden like that. Would he go through the trouble of taking you to court over it? I doubt it.
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Old 11-03-2011, 01:55 PM
 
Location: Here and there, you decide.
12,904 posts, read 27,849,846 times
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if my tenant "hid" damage... you bet i would go after them!
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Old 11-03-2011, 03:15 PM
 
Location: Sunrise
10,865 posts, read 16,914,370 times
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Quote:
Originally Posted by bigkev8501 View Post
Hi, I moved out of an apartment 4 days ago and my Land Lord gave me a check for my full security deposit after inspecting the apartment. I have paid it into the bank and i have the funds in my account. Now my landlord wants to charge me for repairs to a carpet after cat pee ruined it. Can he do this even though he paid me my deposit back?
Did it happen before or after you left? Was it your cat? Did you know about the damage?

If it was your cat and happened while you were living there, you should pay the bill -- because it's the right thing to do.
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Old 11-04-2011, 02:17 PM
 
2,700 posts, read 4,906,295 times
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This is one of those touchy tenant versus landlord rights things.. Techinally, if you and the landlord signed the check off paperwork after the walk thru and it states no damages or even minor damages and they give you your deposit back (Which is this day and age is VERY rare), then it should be a no brainer..BUT that being said the landlord can STILL take you to court... Would they?? Depends on the landlord and the cost of said damage.
Also it would be small claims court and not civil or fraud court... AND if you happened to actually get the subpeona paperwork and go to court.. MOST of the time all you would have to do is show the paperwork you received from the landlord that shows you both signed off and that they gave you x amount of your deposit.

All in all you would probably win....
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Old 11-04-2011, 02:27 PM
 
525 posts, read 895,346 times
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Yea stick it to all the landlords especially the cheap ones. Actually there are some good landlords.
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Old 11-04-2011, 04:49 PM
 
2,557 posts, read 4,546,559 times
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Quote:
Originally Posted by SoCalCpl2 View Post
This is one of those touchy tenant versus landlord rights things.. Techinally, if you and the landlord signed the check off paperwork after the walk thru and it states no damages or even minor damages and they give you your deposit back (Which is this day and age is VERY rare), then it should be a no brainer..BUT that being said the landlord can STILL take you to court... Would they?? Depends on the landlord and the cost of said damage.
Also it would be small claims court and not civil or fraud court... AND if you happened to actually get the subpeona paperwork and go to court.. MOST of the time all you would have to do is show the paperwork you received from the landlord that shows you both signed off and that they gave you x amount of your deposit.

All in all you would probably win....
Right. That's the purpose of these documents. If he signs off on it being all good, chances are he has to eat the damage even if it goes to court. Unless the landlord was a total douche though, I would still give him a reasonable amount to fix the issue if I knew I caused the damage.
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