Landlord asking for $600 check 2 months after end of lease? (apartment, condo)

[lrfox]

Any thoughts on this? My brother rented an apartment for about a year and a half. One year lease, 6 months on a month to month. He vacated at the end of September. The landlord sold the condo in Mid-October, and emailed my brother requesting $600 for repairs made by the new owner that they billed him (the former landlord) for.

A couple of notes:

1. There was no security deposit on the unit
2. My brother moved in literally as the old tenant was moving out - the place wasn't cleaned or "move in ready" before hand
3. There were some issues (apparently some water damage on the ceiling, bad carpet in the basement, marks on the wall, and general cleaning, etc.) that existed and were noted with the landlord beforehand.

I'm not sure what advice to give him apart from asking for a breakdown of the charges before sending any money. He also needs to check and see what his lease says. My guess is that if there wasn't a security deposit, there's something in there about his being responsible for repairs/cleaning beyond what would be considered "normal." But again, a breakdown of costs should be presented before requesting $600. Thoughts?

*Edit*
I misread his text- the $600 is part of a $1500 replacement for the carpet in the basement and paint on the walls. Looks like the landlord is going to cover most of it but wants $600. As has been stated, the carpet was in bad shape (agreed upon by the landlord) at the time my brother moved in. No idea what the walls looked like, but I thought that was the landlord's responsibility barring anything major (like holes, gouges, or major modification of the paint)?

[Pilot1]

Yes, the most important thing is the language in the lease regarding repairs. Until we know that, there isn't much we can say. To speculate, however, if there is language that allows the landlord to bill the tenant for certain repairs, he should provide a detailed description, and itemized list with dollar amounts for each issue, and pictures of the items that need to be repaired.

[sawyer2]

Originally Posted by lrfox

*Edit*
I misread his text- the $600 is part of a $1500 replacement for the carpet in the basement and paint on the walls. Looks like the landlord is going to cover most of it but wants $600. As has been stated, the carpet was in bad shape (agreed upon by the landlord) at the time my brother moved in. No idea what the walls looked like, but I thought that was the landlord's responsibility barring anything major (like holes, gouges, or major modification of the paint)?

Landlord is trying to gouge him - pay nothing, and I say this as a landlord

- Walls - unless it is above normal wear and tear (or there is very specific language in a lease) that repair is on the landlord.

- Carpet - already acknowledged that is was in bad shape at move in. Was the condition in writing anywhere? ...emails, apartment condition statement?

[Arya Stark]

Originally Posted by sawyer2

Landlord is trying to gouge him - pay nothing, and I say this as a landlord

I completely agree. How can you be sure any damage was your brother. Say nothing and don't respond. He has to try but he doesn't have a leg to stand on.

[NorthofHere]

Here is fair housing in Massachusetts https://www.masslegalhelp.org/housin...ty-deposit.pdf. It refers to security deposit but I would think it would apply to trying to charge your brother now. In particular

What Can a Security
Deposit Be Used For
After you move out, a landlord may only use
your security deposit for unpaid rent or to
repair damages you or your guests caused.
The damage must be more than “reasonable
wear and tear.” Landlords are not allowed to
use the security deposit for routine painting,
cleaning or small repairs.


I would have him call Massachusetts Fair Housing and find out if the landlord can charge him for what he is asking for. Before doing so, have him get a detailed list of what he is being charged for so he can give that info to Massachusetts Fair Housing.

[porterhouse]

This is somewhat irregular, but as has been pointed out, the lease should clear things up.

Lease aside, your brother knows if the charges are justified or not. Did he trash the carpet and paint, or is it normal wear and tear and the landlord is trying to screw him?

[lrfox]

Thanks, everyone.

Originally Posted by porterhouse

This is somewhat irregular, but as has been pointed out, the lease should clear things up.

Lease aside, your brother knows if the charges are justified or not. Did he trash the carpet and paint, or is it normal wear and tear and the landlord is trying to screw him?

My brother can be lazy, but he's definitely not the type of person to trash a place (but I haven't seen it since he moved in). But the landlord has also been pretty easy going/flexibile with him (from what I hear). The thing that might screw him over (depending on the language of the lease) is that he moved in as the old tenant was moving out (same day, they were moving in/out at the same time), and a lot of the normal maintenance that gets done between tenants wasn't done. That's fine if you agree to it, but you need to make sure you walk through with the landlord so they know what's yours and what isn't. I don't think he did that. I don't know if he documented any of it. So while I think a lot of it is "normal wear and tear" it's accumulated over about 3+ years (previous tenant was there 2 years) and likely looks worse than what it would have looked like had it been fixed before he moved in. It seems like he's getting hit with the bill for multiple years of neglected routine maintenance.

[Dm84]

Landlord is an idiot for not having a security deposit. If I were your brother I would just say no. If the landlord decides to sue you call a housing lawyer.

[bugelrex]

If the landlord made no mention of it until 2 months later (usually a move-out involves a walk through). There is no way to prove that the damage was not caused after he moved out.

If our brother is being honest: don't do anything, document as much as possible now on paper. Wait for him to take you to small claims and present his side of the argument WITHOUT emotion.

BTW, if he's selling the place, he wont want to tie up the property in any legalities

[reenzz]

Under Massachusetts law, the landlord has 6 years to sue for damages. The landlord will need to show damages and your brother needs to prove that the damages either existed prior to or after his tenancy. Hopefully your brother took plenty of photos before he vacated.