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.
Is he legally bound to give me the chance to do so? If he refuses me the chance to, does that change who is responsible for what? Could you tell me more about mitigation of damages and how that might change the situation?
English must not be your first language. And you must not really have any concept of American laws and customs when it comes to something like this.
Is he legally bound to give me the chance to do so? If he refuses me the chance to, does that change who is responsible for what? Could you tell me more about mitigation of damages and how that might change the situation?
No, he is not legally bound to allow you to do anything. If he refuses, and he did, you have no option but to pay the cost. You damaged the wall, therefore you pay to repair the wall. You don't get to choose who does it. You do get to choose the denominations in which you're going to pay with, but that's it.
You could just ignore him and let the judge tell you what you've been told here..at least we're telling ya for free.
Some landlords are thieves. Also working minimum wage it would take you more than 27 hours of work to pay for it.
I've had holes in my walls and have fixed them myself. I bought this mesh tape that goes over the hole, then you cover with a cement like putty and paint, and it's good as new and you could never find where the original damage was.
The income level of the tenant is irrelevant to the damage he did. What is the connection?
And nobody is arguing that it would not be possible to do a patch job yourself for much less than what having a pro do it would cost. But the owner is not obligated to do the patch himself, nor is he required under any legal scenario to allow the tenant to 'mitigate' the damage.
Is he legally bound to give me the chance to do so? If he refuses me the chance to, does that change who is responsible for what? Could you tell me more about mitigation of damages and how that might change the situation?
I meant to lessen, I don't know if mitigating really fits here. Mitigation is to make sure you don't leave things as they are so they don't get worse.
Mitigation in law is the principle that a party who has suffered loss (from a tort or breach of contract) has to take reasonable action to minimize the amount of the loss suffered.''
“there is nothing that says the landlord has to give you a chance to fix things either before or after the lease is over," . "You, as tenant, are responsible for figuring out what is reasonable wear and tear.” =
Overcharging for repairs: If you don’t make repairs yourself, the landlord has the right to do it. However, there is a good faith requirement in every lease: The cost has to be “reasonable,” and you can let a small claims court judge decide whether it was reasonable or not. You might need to present some evidence such as pictures showing the actual condition. Or if you’re disputing the cost of painting your apartment, for example, give the measurements of your studio apartment to support your claim that it could not possibly have taken three days to paint.
The income level of the tenant is irrelevant to the damage he did. What is the connection?
And nobody is arguing that it would not be possible to do a patch job yourself for much less than what having a pro do it would cost. But the owner is not obligated to do the patch himself, nor is he required under any legal scenario to allow the tenant to 'mitigate' the damage.
Overcharging for repairs: If you don’t make repairs yourself, the landlord has the right to do it. However, there is a good faith requirement in every lease: The cost has to be “reasonable,”
$219 to fix a hole is unreasonable. Some people don't earn that much in a day and some part time people don't earn that in a week.
Overcharging for repairs: If you don’t make repairs yourself, the landlord has the right to do it. However, there is a good faith requirement in every lease: The cost has to be “reasonable,”
$219 to fix a hole is unreasonable. Some people don't earn that much in a day and some part time people don't earn that in a week.
The work has already been done, but I don't believe this to be within the bounds of good faith. What can I do to contest this?
The work has already been done, but I don't believe this to be within the bounds of good faith. What can I do to contest this?
Don't pay and let him take you to court. Did you have a security deposit and did he withhold any money?
Go to court, tell the judge the hole was the size of a band aid, then the person suing you will have to show pictures of before and after.
Otherwise pay it and tell him you can only send him $20 a month until it's paid.
Did you see that the work was done or is he telling you it was done, and if it was done ask for a receipt and proof of payment.
Hopefully if he works it will cost him more to take you to court than he's gonna get, and he can't get lawyers fees, don't let the other uptight LLs scare you.
The hole had to be repaired. The carpet required cleaning. The wall had to be painted. Why are you minimizing the amount of work that was done?
There is nothing unreasonable about the total cost for having this work done as described by the OP.
The OP can take his chances in court or at an arb hearing. Maybe the judge will see it your way and say this cost is unreasonable, but once the owner produces the invoices from the people who did the work, I think this case will be over, johnny.
The OP has a lot more riding on this, though, if it goes the other way that most reasonable people assume. He would owe court costs and the owner's legal fees. If he thinks $200 was bad, what about $600, or maybe $1000, plus a black mark on his credit report that could impact getting another lease, if not hurting his employment chances.
The law is firmly on the owner's side. Under no circumstances will the OP get a "winning" judgment - he will lose the case and he will owe the OP for the repairs, and he will owe the OP's legal fees and court costs. Even if the judge lowered the payment to, say $150, the total cost to the OP will far exceed the $219.
Look up "Pyhrric victory" in a dictionary and you will find the OP's picture...
The hole had to be repaired. The carpet required cleaning. The wall had to be painted. Why are you minimizing the amount of work that was done?
There is nothing unreasonable about the total cost for having this work done as described by the OP.
The OP can take his chances in court or at an arb hearing. Maybe the judge will see it your way and say this cost is unreasonable, but once the owner produces the invoices from the people who did the work, I think this case will be over, johnny.
The OP has a lot more riding on this, though, if it goes the other way that most reasonable people assume. He would owe court costs and the owner's legal fees. If he thinks $200 was bad, what about $600, or maybe $1000, plus a black mark on his credit report that could impact getting another lease, if not hurting his employment chances.
The law is firmly on the owner's side. Under no circumstances will the OP get a "winning" judgment - he will lose the case and he will owe the OP for the repairs, and he will owe the OP's legal fees and court costs. Even if the judge lowered the payment to, say $150, the total cost to the OP will far exceed the $219.
Look up "Pyhrric victory" in a dictionary and you will find the OP's picture...
The LL can't get legal fees for small claims court. If he brings a lawyer he will have to pay for it himself,. the only extra fee the tenant would have to pay if he loses is the filing fee.
The LL can't get legal fees for small claims court. If he brings a lawyer he will have to pay for it himself,. the only extra fee the tenant would have to pay if he loses is the filing fee.
So it ends up costing him more than the $219 - sounds like a brilliant plan.
If I were the landlord, I would sue this d-bag just to make his miserable life a little more painful...even if I lost money on the transaction, I would pursue every legal avenue available to me to mess this dude up.
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.
