Quote:
Originally Posted by Valkyrie1977
Update 2/19...So today I received a 12 page letter, including copies of my lease, invoices from the cleaners, painters, and repair men she hired for the condo. I have a couple of questions for you...She correctly points out, in the lease paperwork, that I paid $600 as a security and $950 for 1st month and $950 for last months rent...thus my security deposit was not $1450, but only $600. Per her own accounting in an earlier email, I paid the last months rent in my month automatic withdraws, resulting in an overpayment of rent of that $950 paid upon move in. Am I correct that she cannot legally convert that overpayment of rent into payment towards the amounts she's claiming for damages? She is claiming that because her condo was her residence, and not a true rental, the carpet life should be 15-25 years instead of the 5-10 years that is sited as rental carpet life, and that I should be responsible for paying for it. Even IF she can use that as legitimate reasoning to charge for the carpeting...would she not be required calculate the depreciated value on that carpet? And more than that...because she didn't provide the costs for the different items she was using to justify keeping my deposit within the state law required 30 days, does she have ANY leg to stand on? Thanks all!
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Didn't we cover this? Sorry, don't want to read the whole thread again. If your law says she had to give you the itemization within x amount of days or she loses her right to it - there's your answer.
No, she can't make up her own depreciation rules.
I think you're right that she can't keep your rent toward what she says you owe her, especially if she lost all right to the deposit anyway.
Anyway, now is the time to sue. Did you already ask for your money back? If not, do that first. Short and sweet.
Dear LL:
As you missed the time line allowed by law to return my deposit, you have forfeited your right to any of it. Further, you may not keep my overpaid rent. You also may not make up your own rules regarding depreciation of carpets, etc.
Please return my full deposit and overpaid rent in the amount of $_________________ to my forwarding address below by ____________________(date). Please include a letter in which you agree that with the complete refund of the above, all financial matters are closed between us, with neither of us owing the other any money.
If you do not agree to do the above, then I will ask a judge to determine what is fair, by suing you in small claims court.
Sincerely,
You
Something like that. Doesn't have to be fancy, you just have to ask for your money before you can sue her. Then, I am pretty sure you will have to sue her to get the matter settled.
Sorry she turned out to be such a beast. Take a copy of the landlord-tenant laws with you, and a copy of normal lifetime expectancy for carpets/depreciation info to hand to the judge, too.
If you need help finding these items, say so. I am thinking you have already been provided with links to these things. If I'm wrong say so, and I or another poster can help you look them up.
Good luck to you.
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