Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I agree with that, the landlord signed the lease agreeing to it and is bound to it. If the landlord delivers a belated list of damages and tries to withhold part of your security deposit for them, you would probably prevail in court if it becomes necessary for you to sue in small claims court to get your deposit back.
Unfortunately, I think that this is what's going to happen which is why I'm getting prepared for an impending dispute. I'd rather not have to go through this, but I'm ready for her if she thinks that I'm going to just give $1500 to her.
So, my LL just texted me and told me that everyting in the place was perfect, but she saw a spot of water damage on the hardwood and would be getting a "wood specialist" to look at it. It sounds like she's attempting to not return my deposit in full or at all. I'm unsure if I should respond to that text or if I should remind her that her lease said that I should've been provided with a move out inspection within 3 days which she didn't provide. This is all so confusing and I do not want to have to get an attorney involved. *sigh*
What will you gain if you text back at this point, with nothing known about any charges for the wood floor? I think you need to know more about what the landlord plans to charge you, if anything. So refrain from texting.
Did you leave a water stain on the wood floor? Was it there when you moved in? Is it normal wear and tear is another question. Do you have a clue what she is talking about regarding the floor?
At this point, the ball is still in the landlord's court. Besides, any kind of "demand(for return of full deposit" that you would do would be via registered mail, not via text. And the demand letter would have all the facts, dates, quotes from the lease, and state exactly what you are demanding, and when, and that you will take legal action if demand is not met. That would be your next step. So hang in there a bit.
Mayeb she charges you $25 and you get the rest back. At this point, you really don't know.
Also realize this could be normal wear and tear of the wood floor(?). If this is really damage and not wear and tear, and if you are charged for flooring, the original "life" in years needs to be known, as well as how many years old the floor is. You can only be charged for the remaining life that was cut short due to your damage. If wood floor normal life is 20 years but it is a 25 year old floor, then it is beyond its life span and i don't think you can be charged for new floor. But can you be charged for sanding and restaining a spot. I don't know...this is a good landlord question.
But at this point, you just sit and wait to hear more from the landlord. Then you plan your next step.
What will you gain if you text back at this point, with nothing known about any charges for the wood floor? I think you need to know more about what the landlord plans to charge you, if anything. So refrain from texting.
Did you leave a water stain on the wood floor? Was it there when you moved in? Is it normal wear and tear is another question. Do you have a clue what she is talking about regarding the floor?
At this point, the ball is still in the landlord's court. Besides, any kind of "demand(for return of full deposit" that you would do would be via registered mail, not via text. And the demand letter would have all the facts, dates, quotes from the lease, and state exactly what you are demanding, and when, and that you will take legal action if demand is not met. That would be your next step. So hang in there a bit.
Mayeb she charges you $25 and you get the rest back. At this point, you really don't know.
Also realize this could be normal wear and tear of the wood floor(?). If this is really damage and not wear and tear, and if you are charged for flooring, the original "life" in years needs to be known, as well as how many years old the floor is. You can only be charged for the remaining life that was cut short due to your damage. If wood floor normal life is 20 years but it is a 25 year old floor, then it is beyond its life span and i don't think you can be charged for new floor. But can you be charged for sanding and restaining a spot. I don't know...this is a good landlord question.
But at this point, you just sit and wait to hear more from the landlord. Then you plan your next step.
I'm unsure of any water damage that she is referring to, so I'm guessing that it is normal wear and tear that she's nitpicking at. This is my reason for my concern about getting my deposit back because she is the type to nickel and dime you for normal wear and tear. She was unhappy with me near the end of my lease because I often would deny her entry into the unit when she would call me with 2 hours notice that she wanted to show the apartment to a potential tenant. I always told her that she could show it anytime as long as she gave me 24 hours notice like the lease agreed. She didn't like that she may have missed out on a potential replacement so she kind of had an attitude, but I've digressed. :-)
I'm going to refrain from contacting her as you've suggested. You're right, I do need more information from her before I start getting all worked up. I will delay any communication with her until she meets with this so called specialist. The floors are about 7 years old.
I really appreciate your advice! Hopefully she won't try to take advantage of the situation or my vulnerability since I now live in a different state.
Just dropping in to give an update on this situation. It has been 34 days and my landlord has not contacted me or returned my security deposit. I have sent her a letter via certified mail and standard mail that states the laws about returning security deposits and demanding that she return my deposit by this Friday or else I would seek legal action. I guess that there isn't anything else that I can do at this point except wait. I am also contacting an attorney through my employer's EAP program and fully intend to sue her for my money. I paid her on time every month for rent and left the place in move in ready condition. I left it cleaner to her than when I moved in.
I hope that I don't have to sue her because I live in another state now and it would be difficult to fly in for court or something. Does anyone know if I can sue someone with just my lawyer present?
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
