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Unfortunately I have to file against my LL in small claims court. Never thought I would ever have to go to court but she is a very dishonest person. To see full back story see "security deposit nightmare" thread.
Anyway, the house owners daughter took over as property manager 45 days before my lease ended and fired the property management co that was in charge of this rental and my lease. The daughter was moving in as the next tenant.
She remodeled and upgraded the house for her use and used my security deposit to help pay for the remodel. Now claims crazy damage of $7000. 5k of that 7 to install new wood floors to replace carpet.
I really need the previous property manager to send me all the past walkthrough reports and the last reports from the AC person they sent to periodically inspect all the houses AC systems.
They say since I'm not current tenant and not owner they can't give them to me.
This would be great to have for court as they are glowing reports as this house was well maintained during my 2 years there.
Does anyone know if they have to release them since it's report about me when I was a tenant with them. How else could I get them if I'm not using a lawyer for court.
I received an Email on the 30th day with a list that had various items itemized at $1032. Plus lease violations for $1500 (says I had extra pets) I did not! 1 pet and was on lease.
I sent email back disagreeing with the charges. She writes back that maybe she's wrong about lease violations but the house is damaged and doesn't matter what the appliances and fixtures were changed to. Ie wood floors etc
I send demand letter and when she writes back (day 45 I think) she list a whole new set of items and says total for repairs is $7600 with almost 5k being wood floors with receipts. Now lease violations are $3200. She's crazy!
However, they won't charge me more than the $1625 deposit. (out of the goodness of their heart)
Carpet was 8 years old I think. Not sure but definitely not new when I moved in.
I know she can't charge for wood floors and all the upgrades but I think the paperwork from management co will leave no question that she is out of control and absolutely stealing the deposit with lies.
Thank you for the info on subpoenas. I will definitely do that! Ugh...... I don't want to go to court!
Email won't hold up in court. It has to be mailed to your address that you provided or your last known address.
Not true in Florida....if it was acknowledged by both parties than it is good enough...if one party denies it than you are better off by having a certified letter.
If the carpet was 8 years old than it worth hardly a dime and at least bills have to be there to proof what it had cost and how old it was.
One thing stands out to me...OP is stating not willing to go to court...nobody wants to go but if he doesn't want to go to court how does he think to get the money back...
Not true in Florida....if it was acknowledged by both parties than it is good enough...if one party denies it than you are better off by having a certified letter.
If the carpet was 8 years old than it worth hardly a dime and at least bills have to be there to proof what it had cost and how old it was.
One thing stands out to me...OP is stating not willing to go to court...nobody wants to go but if he doesn't want to go to court how does he think to get the money back...
I am filing and I will go to court but I just don't want to. It's such a waste of time. It's very unfortunate some people (LL and tenants both) force things to have to get "legal".
Everyone just play fair and do the right thing- not because you have to but bc it's the right thing to do!!
I am filing and I will go to court but I just don't want to. It's such a waste of time. It's very unfortunate some people (LL and tenants both) force things to have to get "legal".
Everyone just play fair and do the right thing- not because you have to but bc it's the right thing to do!!
I will send an update after the court date.
Honestly, going to court can really be quite entertaining so look on the positive side! You never know what whacky cases come up so take a ringside seat and enjoy the show. Good luck!
Honestly, going to court can really be quite entertaining so look on the positive side! You never know what whacky cases come up so take a ringside seat and enjoy the show. Good luck!
LOL! So true. I wish more tenants were'nt afraid of court. It's time consuming, for sure, but not scary. Just show up with your documents, be respectful, keep it short and sweet, and you'll be fine.
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