TenantNet Forum

Where tenants can seek help and help others



Landlord wants to overcharge me...

Moderator: TenantNet

Landlord wants to overcharge me...

Postby justme111 » Wed Sep 30, 2009 4:14 am

Hello,

I moved out of this house where I rented one room out of a family building. I gave a one month notice, did everything properly, cleaned the place up. I left by giving them an address where they could send the deposit to when they had checked the place.
Now, I have a voice message from them on the phone telling me that they have to repair the wooden floor ( I accidentally got water on it and it expanded a bit), and they say it costs $500 to repair it and they want $300 extra additional to the $200 deposit that I keep.
That seems absolutely crazy to me, the place was old anyways and the damages to the floor minor.
What are the legal regulations on this? What will happen if I ignore the demand? Is there any time period in which I would legally have to pay for what they ask for?

I appreciate your answers.
justme111
 
Posts: 1
Joined: Wed Sep 30, 2009 4:12 am

Postby JohnMI » Tue Oct 13, 2009 10:03 am

What state are you in? I assume outside of NY based on the section this is in. In most states, their verbal message will be meaningless. In most states, they are required to return your deposit to you -- or a WRITTEN, itemized list of damages subtracted from it -- within a certain time period (usually 30-45 days).

So, your best option here might be to sit and wait for them to NOT do that. Then they can argue all day that you owe them for the damages, but they did not follow proper procedures in the handling of your S/D. After the state timeline has not been met, you can then sue them for the S/D return -- or, in some states, sue them for 2-3x that amount!

(All that being said, it is still important to recognize that you may have done actual damage. The question is if the LL is really trying to screw you over or not with the amount. The normal thing for them to do would be for them to have it REPAIRED and then provide the receipt with that written itemized list of damages -- then you know whether or not it actually cost him that to do the work.)

But, again, if he's not going to follow the law, then whether or not you actually caused any damage isn't as big of an issue. So, again, find out what your state requires as far as written statements regarding the return or use of your security deposit -- and go from there.

- John...
[I am not a lawyer. This is not legal advice. Your mileage may vary. Look both ways before crossing.]
JohnMI
 
Posts: 43
Joined: Tue Apr 08, 2008 1:35 pm


Return to General Discussion - beyond New York

Who is online

Users browsing this forum: No registered users and 13 guests