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How do I prove that damage wasn't "negligence"?

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How do I prove that damage wasn't "negligence"?

Postby junejulyaugust » Mon Jun 29, 2009 10:40 pm

I recently received notice that my lease would not be renewed due to "negligence" on my part. My landlords are trying to withhold my last month's rent (prepaid) and security deposit. They claim that I allowed water to run out from under the shower, which they allege caused the floor to decay and sag. I complained about the floor in the bathroom several times (it began as tiles coming up off of the floor and accelerated into what looks like sagging - two tiles cracked and there is visible saggage.) The issue is that the bathroom has extensive mold and I have always put down a towel beneath the shower (which does leak) so I highly doubt that my negligence caused this issue. The landlords live out of state and when they came to visit several days ago, they saw the problem and remarked that it was worse than they expected. They still asked me to sign another lease and the landlord apologized for me having to deal with this.
I'm shocked that they would ask me to sign another lease if even they believed that I was the cause of this problem when they visited to check out the issue...especially since we also discussed how I would need to find someplace else to stay for the week when the bathroom was being fixed.
When I called today after receiving the letter that my lease would not be renewed (even though they had me sign a document to renew my lease a week ago that they said they'd send copies of in the mail), they said that they would not return my prepaid last month's rent or my security deposit. They also claimed that my complaints did not properly convey the seriousness of the problem and that I must have dropped something heavy in the bathroom in order for the tiles to crack (the two cracked tiles are several tiles apart so that really doesn't make sense...) I was too stupid and naive to put my complaints in writing. I'm livid that I am being blamed for the issue, especially when the bathroom shows clear evidence of previous water damage in various places, especially AROUND the shower, not only underneath it. They want to keep my prepaid last month's rent (which I always pay early, so there's no way to withhold current payment) plus my security deposit and were trying to figure out an easy way to get money to fix the problem and wanted to avoid having to pay the costs or reduce the rent in any way while the problem was fixed.
What makes this especially odd is that the bathroom is built on a platform that was built by the landlord's son. I think the shower unit was improperly installed...everything in the apartment kind of has a makeshift edge to it.
I'm very angry and wondering what I need to do to prove that this was not an issue caused by me. I've called the consumer protection agency and am also consulting with the local housing authority but wanted to get some informal advice as well. I don't wish to remain in the apartment after this horrific experience, but I do want to make sure that I have done everything in my power before leaving to prove that I did not cause this issue.
Any advice would be appreciated.
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Postby TenantNet » Mon Jun 29, 2009 11:08 pm

If not in NY, what state are you in?

When is your lease up?

Why would you think the LL would return the last month's rent? That's for the rent. It's the deposit I would worry about.

If they want you out, they will get you out. I wouldn't worry at this time about all the accusations. I would worry about the deposit.
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Postby junejulyaugust » Mon Jun 29, 2009 11:29 pm

Thanks for the reply. The apartment is in Wisconsin. They had me pay my first and last month's rent when I rented the apartment (which isn't standard here). They refuse to refund this month's rent (which I did not know would be the last month I lived here, as we signed a lease a week ago that they did not provide copies of as per verbal agreement) because they claim they need it for repairs, although the lease states that the last month's rent cover the last month in the property. They also charged a 200 dollar security deposit on top of the last month's rent when I initially rented. So basically, I paid for my first month's rent (600) plus my last month's rent (600) plus the security deposit (200) when I initially moved in. I just paid my rent for July, so if this is the last month that I live here, I would expect to have it refunded, as I have already paid for this amount.
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Postby TenantNet » Mon Jun 29, 2009 11:43 pm

You should check with local law, but in most places they would need to give you 30 days notice in writing (don't tell them that), although in some locations the notice is only required for month-to-month tenants.

When is the existing lease up?

And if you signed a new lease, then you signed a lease. That they didn't give you a copy is immaterial. That is a question of fact to be adjudicated. (and the smart person that you are, I hear they have Radio Shack's in Wisconsin where you can buy a digital recorder to get them to admit you signed a lease).

If you stay beyond the time the original lease ended, they would have to take your to court. They can't just change the locks (but if you suspect, talk to the police first). You can probably stay a month while the wheels of injustice turn.

In some cases the landlords are simply retaliating and they might quiet down after a week or two. If not, you can also negotiate for more time.

Do they still have Point beer in Wisc?
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