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The landlord obviously returned the security deposit prematurely. As far as the smell not being obvious immediately after a carpet cleaning, this has been the case in many rentals and isn't at all unusual.
And 3 cans of Febreeze will have a garbage truck smelling like a Lexus. I always get suspicious when the place smells 10x fresher than when the tenant was there. All of a sudden, the carton-a-week smoker's apartment smells like fresh waterfall linen?
I still want to know why the carpet was still wet.
Kansas statutes 60-513 (2) gives the landlord two (2) years to file suit for damages.
Kansas statutes 58-2550(e) (Kansas Landlord Tenant Act) specifically states that the return of the security deposit DOES NOT preclude a landlord from seeking payment for damages or sue for damages that were not deducted from the security deposit.
The ability of a landlord or tenant to pursue damages beyond the Landlord Tenant statutes was upheld on July 10, 1983 by the Kansas Supreme Court. Lower courts will always allow for an action based on KSA 58-2550(e) because the State supreme Court said they must.
How nice of you to take the time to look this up. This answers my question about whether or not the LL can sue outside of the landlord/tenant laws. Well done.
So, OP, you'd have to contend that any damage the landlord says was discovered - was not done by you.
How nice of you to take the time to look this up. This answers my question about whether or not the LL can sue outside of the landlord/tenant laws. Well done.
So, OP, you'd have to contend that any damage the landlord says was discovered - was not done by you.
Well, OP never mentioned having a cat, only a tarp. I've always wanted a pet tarp.
I'm not a lawyer, but I think once he returned the security deposit your landlord/tenant contract was finished.
He may be able to sue you in court, but it won't be under the landlord/tenant laws.
This would depend a lot on your state as well.
One thing you should be aware of is "depreciated value". For example, if a carpet has a useful life of 10 years and was new when you moved in. You lived there for 8 years then the carpet has depreciated 80%. If the carpet originally cost $1,000 the depreciated value after 8 years is now $200. Carpet is a wear and tear item. Some states actually define what wear & tear items are.
I would let him sue me in court. I would guess it's a bluff and you won't hear from him again. But, if he actually does sue you make sure you file an ANSWER to the suit in court otherwise you can lose by default and have a judgement placed against you.
You can also try looking at state judicial records and do a search for his name to see if he has a history of suits.
You don't have to file an "answer" to a small claims to my knowledge You do however, have to show up for the hearing or you will lose by default and a judgment can be awarded solely on that basis.
You can file a counter claim.
To the OP I'd say " I'll see you in court " because once the deposit is returned, the matter is over. It is the LL's responsibility to handle any damage costs within the time limit of returning a deposit. That's my take on it anyway.
That's an easy one...when the landlord gave the security money back that is considered settling the case and he will be out of luck and needs a good property manager. However you have to show up in court since you are being sued and being a no show will cause you to loose the case...sad but true.
Quote:
Originally Posted by ksextonmusic
We recently moved out of a house on December 20th, 2014. That same day, after doing a final walkthrough with the landlord, he gave us our security deposit back.
On January 11th, 2015 (3 weeks and 1 day after moveout), we recieved an email saying that cat urine damage had been found. The problem area was in one of the closets. He had already removed the carpet and padding in the closet, and the adjacent bedroom.
The entire time we lived there we lined that closet with a tarp, and due a particular clause in the lease, we heavily cleaned all the carpets before moveout. There was no evident damage or smell when we did the walkthrough. He is claiming that the pad was wet in the bedroom, but I think that was from the excessive cleaning we did throughout the entire 1st floor.
It looks like we are headed to small claims court, and he is asking for $800-$1000 for new carpeting and removal/install services.
I haven't heard of a landlord ever asking for the deposit back after it was already given. We've been told that once the deposit was given, the agreement has ended and it is not legally our problem now.
Below is the clause on the lease, and any help/advice would be appreciated.
Thanks!
Clause 8. Security Deposit
The security deposit of $1275 paid at the signing of initial lease dated March 19, 2013 will serve as the deposit for this lease. Tenant may not, under any circumstances, apply this security deposit to the last month's rent or to any other sum due under this Agreement. After Tenant has vacated the premises, returned keys and provided Landlord with a forwarding address, Landlord will, within 30 days, return the deposit in full or give Tenant an itemized written statement of the reasons for, and the dollar amount of, any of the security deposit retained by Landlord, along with a check for any deposit balance.
Release of the Security Deposit is subject to the provision of the State statutes and as follows:
• The full term of the Agreement has been completed.
• Tenant must give one month written notice to vacate prior to the end of Agreement.
• No damage or deterioration to the premises, building or grounds is evident.
• The entire dwelling, appliances, closets, cupboards are clean and free from insects, all debris and rubbish have been removed from the property, carpets are vacuumed and cleaned and deodorized.
• All unpaid charges have been paid including late charges, delinquent rent, etc.
• All keys and garage door openers have been returned
• A forwarding address has been provided to the Landlord.
He can take you to small claims court but that doesn't mean he'll win. He can ask for anything he wants.
He can, but the fact that he did the final walkthrough with OP seriously weakens his case. I'm no lawyer, OP, but I am an avid People's Court watcher, and I've never heard of such a thing. The landlord can ask for separate damages, but he gave you your deposit back, did the walkthrough, and has removed the padding and carpet and is now sending you a bill? This deal sounds fishy. I suggest you don't pay him anything. If he sues you, don't be scared, and show up in court with every piece of evidence you have. You did the walkthrough, he sent the deposit back, copy of the lease, any letters after move-out, etc, emails, text messages, etc. . . You don't need to hire a lawyer and spend $300 for the lawyer to say the same thing other posters and I did: bring all your evidence to court and don't pay him anything unless he sues and if and only if the judge rules in his favor (which seems unlikely given the circumstances).
He can, but the fact that he did the final walkthrough with OP seriously weakens his case.
Not at all. A final walkthrough simply gives a tenant the chance to correct overlooked damage or cleaning which they can try and remedy before handing over the property in order for it not to be deducted from the security deposit. This is precisely why landlords are statutorily given a certain amount of time to return the security deposit as it's all too common that additional issues not seen on a basic walk-through become apparent when the unit is finally vacated.
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