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My wife and I recently moved out of a rental property. Before moving out we did a walkthrough with the landlord. After said walkthrough landlord stated everything was fine. Now 15 days after move out he sends an email with a list of "damages". All damages that he claimed were caused by us were done by the prior tenant (also we have pictures). He claims that these "damages" are above and beyond our security deposit. Any advice on how to proceed would be greatly appreciated.
When the landlord said everything was fine he didn't sign off on it?
We lived in an area that had renters court. It would be interesting if there were several former tenants there...and all for the same landlord and his corruption.
15 days after move out he sends an email with a list of "damages".
All damages that he claimed were caused by us were done by the prior tenant (also we have pictures).
He claims that these "damages" are above and beyond our security deposit.
Any advice on how to proceed would be greatly appreciated.
If you have proof... then invite him to explain himself to a Judge.
Let him know that 1 - he said things were fine and 2 - you have photos showing the damages were all there when you moved in. If he still refuses to give you a refund, let him know you have no problem going to small claims court.
In Virginia, if he didn't provide an itemized list of the deductions from your security deposit within 45 days, he would be required to give you a full refund. This will obviously vary by state, but if he isn't giving you any official itemization, that could work against him.
He is assuming that it's not worth the hassle for you. He hopes you will give up and just consider him an a$$hole and move on, then he gets to keep the money. Don't let him.
A walk-through is completely worthless. The landlord can't see all of the carpet, nor all of that walls. The landlord can't see damage that will be done while moving furniture, nor can the landlord see how well the tenant is going to clean after everything is out. So "fine" during a walk-through doesn't mean much.
Tenants should be capable of seeing dirt and damage without having anyone point it out to them.
As for being charged for damage that was already there when you moved it, send a copy of your dated photos to the landlord. If that doesn't work, there is always small claim court.
The walkthrough was completed after all items were removed from the home as well as after we hired a professional cleaning company to come in and clean top to bottom.
Did you do a walk through when you moved in. Most apartments I moved into had a check list/move in form to fill out. Anything, and I mean anything that was noticed that could be damage from previous tenant or deficits were notated, I retained a copy and sent one to the LL. Scratch on kitchen cupboards, loose or cracked tile, chipped tile, spot on walls, carpet, countertops. Torn screen, windows clean/dirty, in working order. If you have a move in check list let LL know and request a itemized list with receipts for repairs.
File in small claims, not sure what state your located in and security laws vary by state.
Do you have pictures of the prior damage or written statements? Is it considered normal wear and tear? It will be all about proof of burden. Also here in NJ the security must be placed in a special account and the landlord must notify you within 30 days after the lease was signed.
Him saying everything is okay is meaningless. You have proof so your next step is to send a demand letter with the proof and allow the LL a reasonable time to pay, 30 days is what I normally send to tenants. THEN if he doesn't pay you go to court.
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