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Old 07-02-2019, 08:03 PM
 
4 posts, read 8,154 times
Reputation: 10

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Looking for helpful thoughts and ideas on security deposit issue for rental house. Typical scenario: landlord is very nice, good relationship during lease period (we leased house for 4 yrs.) At move out they turn into the Gestapo. Lots of unreasonable charges on our deposit but the one I have a question about is my usage of a Weber BBQ pit under a covered patio on the side of the house. When I moved in, I told the landlord I had a BBQ pit and wondered where to put it. She actually suggested I put it on (under) the patio. Nothing in the lease prohibiting use of the pit under the patio. I did not realize that over the 4 years the smoke from the pit left black soot on the ceiling of the patio (the ceiling is actually 4 pieces of what appears to be 1/2 thick plywood.) I really have no explanation for not ever noticing this "smoke damage," but, I didn't. Anyway, the landlord not only wants my $2,300 deposit, but an additional $1,400 to paint over the soot (and for other charges). The only thing I can find online is an article discussing use of grills on patios and actually seems to have some helpful language (talking about leases not prohibiting usage of pits under patios; talking about the landlord not requiring the tenant to remove the pit.) Of course the landlord's position is that I should have seen the smoke damage, and, I'm responsible for the paint cost. This is in Louisiana. Any thoughts?

Last edited by Tiger Jeff; 07-02-2019 at 08:16 PM..
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Old 07-04-2019, 12:19 PM
 
Location: on the wind
23,788 posts, read 19,634,791 times
Reputation: 76695
But your use did cause the damage. Have you offered to paint the ceiling yourself with her choice of color? That way she wouldn't have justification for charging you anything extra and it shouldn't cost you what she's claiming. She's going to hire someone to do it and pass that cost on to you. As for withholding your deposit, we don't know what her other reasons are. Check with the state/city for a LL/tenant affairs office. The link below might give you a starting place. If you make the repair in good faith and she still tries to hold your deposit you'd have a better case for pursuing it in small claims court.

http://www.ldh.la.gov/assets/oph/Cen...dTenantLaw.pdf

Last edited by Parnassia; 07-04-2019 at 12:43 PM..
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Old 07-14-2019, 10:06 AM
 
16 posts, read 13,806 times
Reputation: 45
In short, you are liable. Period. Full Stop.
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Old 07-14-2019, 11:17 AM
 
Location: In the Pearl of the Purchase, Ky
11,087 posts, read 17,686,662 times
Reputation: 44433
You rented a house and put the grill on a patio with a roof over it? Didn't you have a back yard? I'd never put any kind of grill somewhere that had a roof over it. Gas, charcoal, electric, none of them
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Old 07-20-2019, 11:08 AM
 
Location: Louisiana to Houston to Denver to NOVA
16,523 posts, read 26,521,771 times
Reputation: 13332
Just paint it.
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