Sunday, February 7, 2010

Rental Damage & False Accusation when moving out?

I rented a room and moved out yesterday. My landlord had been very inconsiderate. Having sex in the living room, loud TV @ 2 am, always dirty dishes in the sink, holding my personal mails, half naked boyfriend on the floor ... My friends helped me to move yesterday. My landlord was watching us like a hawk and followed us closely. My friend said something like ';Perhaps, you shouldn't rent the room to others.'; She got crazy immediately. When my friend accientally dropped my bed frame on the floor, there was a very small scratch. Then, she started accusing me of something else that I didn't do. She said I messed up her deck when I was moving in. I swear to God. I didn't do that. Even I did, she should tell me when I moved in. Why did she tell me now? Meanwhile, there are other people moving in and out of this house. She said I will be responsible of everything and don't expect to receive the deposit back+other costs. For the scratch on the floor, I am willing to be responsible for that.Rental Damage %26amp; False Accusation when moving out?
This is what happens when you rent from crazy people. If you did not do the other damage, you have the right to receive the balance of your deposit back, but it's going to be difficult to get if back if they don't want to give it to you.





If the deposit is not for a very large amount of money, I would suggest just letting it go.





If you really want the deposit back, you can try to take the landlord to small claims court, and attempt to prove that you did not do the damage she claims you did. But without evidence on your side, it's going to be nearly impossible. ';Move out'; is the usual time for a landlord to inspect for any damage that was done by the tenant.





If the damage she claims you caused was in her living space (i.e. not part of your apartment) then there is no reason why she should not have pointed it out earlier, and you may be able to win in court on those grounds. However, if the damage she claims you did was inside the rented apartment, this argument will not work since (presumably) the landlord has not carefully inspected the inside of your apartment since you moved in.





There is a reason why landlords are called ';landlords.'; The property belongs to them and, in court, it will generally be assumed that the renter is responsible for any damages.





To guard against this sort of thing in the future, you should always make it a habit to take a bunch of photographs (or a video) whenever you move into a new apartment, showing the true condition of the walls, floors, bathroom fixtures, etc. This way, you will be able to defend yourself against false claims by the landlord.





As it is, though, I'd say there is not very much you can do. Just walk away from the deposit. If she asks for more money on top of that, tell her that she can take you to court if she wants to collect.Rental Damage %26amp; False Accusation when moving out?
Did you have a rental contract? If not, there isn't much you can do to get your money back... if you did, your landlord has 15 days to return your deposit, if not you can sue in landlord-tenant court... in court she will have to prove that you did the damage and show reciepts for what she spent to fix it.
Most states have a land lord tenant act. In KS the landlord must give a itemized list of how your deposit was spent on repairs within a certain number of days. Otherwise they can be liable for 1 1/2 times the deposit.





Check your local statutes and if you have a similar act, wait it out. If you don't get your deposit back, take her to small claims.





Good luck
Cut your loss and be happy that you are out of there.
Learn from this and move on. There's not enough evidence for you to prevail and this is a very small matter in the greater scheme of things (life). Seriously. I've been through this many times and tried to get justice and there really isn't alot of justice to be had. You will do better for YOURSELF if you just learn from it -- don't make the same mistakes in the future, and just get out of there. Don't look back.
You most likely will have to sue for the deposit minus what the floor repair will run. You should have taken pictures of the mark on the floor as well as your room. To make sure she cannot keep more than what you actually did.
you have witnesses and it is their word against the landlord... call the renters association I believe every city has something like this and file a complaint.Also, when i rented a house form my landlords immediatley after i moved in we went through a checklist to see if there were damages and when i moved out we went through walk through together andi got my deposit back
Landlords have the upper hand unless you take it to civil court. That usually ends up costing more than the deposit even though most landlords loose in those cases. Depends if you have the time and money to fight it. If you are still able....make sure to get photos of the ';damage'; because there are some slum lords out there who create more damage to get more money.





I know I have never gotten 1 security deposit back ever in the whole time I rented even when I left it in better condition than what I moved in simply because I didn't have the money to fight it. I've had them state some insane price for painting and carpet cleaning or something and then turn around and rent it , as is, never painting the apartment or cleaning the rugs and starting the same thing over for the next renter. Heck one place was so lousy I couldn't stand it without fixing it up and spent alot of my own money to do so and I didn't get a dime back and they rented the place for double what I paid because of the improvements.





It ticked me off, but then I hear of landlords where people leave thousands of dollars of damage and they have little recourse either. I just hate slum lords though and wish there would be more people who could challenge them.

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