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They only sent us two pictures, one of a light switch, which there is no damage in the picture. I am unsure what it would prove. And the other is a zoomed in area of maybe a wall, floor, ceiling??. Which has a small black 'hole' (maybe stain, mark .. Who knows.
Most of invoices are just a piece of copied paper. Like they jotted it down and made a copy. Maybe they did do the work themselves, I wasn't aware that could be done. I just thought if someone was saying they did thousands of dollars in work, there might be a better paper trail. If they would have to prove they paid it, then that would likely solve the problem. Maybe they just keep poor records.
We have rented for more than 13 years and never experienced anything of this sort, so just trying to figure out what kind of legal ground we have.
Thanks for all the advice! ��
Just because they sent pictures doesn't mean that is the only pictures they have is what I was getting at. They have demonstrated they know they needed pictures and may be attempting to bait you into a losing suit, I've done it with a tenant from hell before. They may very well be bluffing but you wont know for sure until you go to court to see what proof they actually have.
They can do the work themselves and charge you for the work at a reasonable rate. They are allowed to charge for parts and labor just like a contractor would charge you. The only time they can't charge is in early termination they cannot charge for things like showings and that side of doing business which does not apply here.
If I were in your shoes I would send another letter stating they have until the first to either return the deposit minus carpet cleaning costs because the remaining items are considered normal wear and tear or you will take them to court. In the letter inform them that you have pictures documenting the condition upon move-out. If you do that you MUST file on the second if they don't get your deposit returned.
They only sent us two pictures, one of a light switch, which there is no damage in the picture. I am unsure what it would prove. And the other is a zoomed in area of maybe a wall, floor, ceiling??. Which has a small black 'hole' (maybe stain, mark .. Who knows.
Most of invoices are just a piece of copied paper. Like they jotted it down and made a copy. Maybe they did do the work themselves, I wasn't aware that could be done. I just thought if someone was saying they did thousands of dollars in work, there might be a better paper trail. If they would have to prove they paid it, then that would likely solve the problem. Maybe they just keep poor records.
We have rented for more than 13 years and never experienced anything of this sort, so just trying to figure out what kind of legal ground we have.
Thanks for all the advice! ��
I think it is definitely worth seeking some legal guidance for sure, if nothing else. Someone, as I stated in previous post, who knows your state statutes and has a better idea how the courts work and/or rule in your state but most importantly, someone who can actually review everything in detail including your pics and all the stuff the LL sent you.
Good luck and please report back and let us know how it is going and/or how it all turns out.
Maybe those were 'bait' pictures, I guess we will have to wait and see. We have pictures of all the areas, except the bedrooms. And the only reason for that is we had those cleaned and doors closed for about two weeks, before turning in the keys. And like I said I just took the others on the way out, as a kind 'we will never need this' action. Guess I was wrong!
We only sent the certified because they were not responding to our calls and messages, and stopping in person. After standing us up at our move out appointment, we started to get the feeling something fishy was going on. However, I wouldn't have sent a certified if I wasn't sure the place was returned in good shape. We had no idea it would turn into he said/she said damage issues. The bills they sent were crazy (in my opinion of course, but what do I know ). Which is why we assume, we just ticked them off, and this was their retaliation. Short of them taking pictures from another unit's bedrooms that were painted or destroyed, I would think our pictures would disprove their claims. We have zero experience with courts or legal issues. We don't know how he said/she said would prove or work. So that is why I thought I would ask on here and see what experiences people had!
The he said she said is regarding the letter they claim to have sent. As for damages the burden of proof is on them in court. If you have pictures to the contrary it is on them to prove the damage was present and its hard if your pictures don't show any.
Based only on what you have 'said' I believe it is definitely worth seeking legal advice and I don't say that lightly. I think it is worth getting the legal advice because they will be able to see your pics, hear the full story, ask the questions they need to, get all the details and what the LL claims he did which we are unable to do here. I think it will be well worth it just to give you that reassurance either way and give you peace of mind (or a good push to follow through) if you don't feel comfortable taking that leap and filing a suit against the LL on your own. I hate seeing anyone getting screwed over or taken advantage of.
Here are some contacts for legal advice. You may even find someone who will consult with you for free.
I would try the Kansas Tenant's Union first:
Kansas Tenants Union
The Kansas Tenants Union assists tenants in education, legal assistance, advocacy and mediation
Address: 1442 Brighton Circle
Lawrence, KS 66049
Phone: (785) 841-1236
URL: http://ktu.home.icq.com
Email: dgsktu@juno.com
Legal Aid Society of Topeka
Provides legal advice and representation to low-income residents of Shawnee, Douglas, Osage, Jefferson, Jackson, Atchison, Morris and Wabaunee Counties
Address: 712 S Kansas Ste 200
Topeka, KS 66603-3873
Phone: (785) 354-8531
TTY: (785) 233-4028
Fax: (785) 233-2096
Housing and Credit Counseling, Inc.
Housing and Credit Counseling, Inc.
Provides walk-in or call-in counseling and publishes information for tenants on its website
Address: 1195 SW Buchanan, Suite 203
Topeka, KS 66604-1183
Phone: (785) 234-0217
(800) 383-0217
Fax: (785) 234-0237
URL: http://www.hcci-ks.org
Email: hcci@hcci-ks.org
I hate to break the cycle of all the advice being given but it's really bothering me as to why no one is just stopping to think to themselves if the bill sent to the OP is even justified. OP said that the landlord was basically a tool and wasted their time/no-showed for the inspection. OP then got a bill for stupid crap like repainting, carpet, and cleaning.
OP doesn't seem concerned to me that the bill is justified at all basically implying that they left the place in good condition or in the condition in which they moved into it in the first place. Why do landlords pull this kind of garbage and then expect to get away with it because its their property? Why should the OP have to go through the trouble of having to deal with this garbage, surely the burden of proof to substantiate the charges ought to be on the landlord? How does one even prove that the place needed to be repainted and that its up to the OP to front the charges? The guy didn't even show up for the move out inspection? lol
The housing market in all its flavors is surely corrupt.
Last edited by Ultrarunner; 07-26-2015 at 05:26 PM..
Your cheapest action would probably be to meet with an attorney who could send them a letter letting them know you have photographic evidence of how you left the unit. If the LL is bluffing then that should put them on notice that they'll have to lie in court in order to try to collect from you. Receiving a letter from an attorney might be just what they need.
On the other hand, if the repairs are legitimate then you need to be prepared to somehow answer for them. All bluffs will be off when the parties show up in court. If the LL is experienced, then they typically would have photographic evidence to support their claims unless they are really incompetent.
Why are landlords allowed to get away with sending their tenants the bill for their home renovations with absolutely little to no repercussion?
I'm not sure what you mean. A tenant is free to challenge the bill in court. If a Judge finds the bill is improper, they will rule for the tenant. If it's legit, they rule for the landlord. If its ambiguous, they normally rule for the tenant. The winner gets their court cost paid. If the landlord acted in bad faith a judge often have the authority to award the tenant 2 or 3 times the improper amount. The only reason landlords get away with this is because tenants fail to exercise their rights to the same degree a landlord would exercise theirs in reverse roles.
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