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  1. #1
    holmesth62 is offline Junior Member
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    damages from previous tenants

    state of PA. My previous landlord just sent an itemized list of security deposit deductions. The most expensive costs included painting, carpet installation & labor, and a week of lost renting time due to the time it took to make repairs. I have only lived there a year I found the place off of craigslist from 1 of the other roommates (there are 5). The landlord did not do a walk-through when i moved in and there has been a revolving door of tenants for at least the past 5yrs with no inspections. The house was left cleaner than when i moved in and needed fresh paint and new carpet from the previous tenants. Additionally, the landlord originally requested that we leave because she needed the house clear to do renovations and construction. Can they charge me for paint, carpet, and lost renting time given the circumstances? (I don't think anyone was scheduled to move in for another 2months due to the construction)
  2. #2
    Gail in Georgia is offline Senior Member
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    A landlord can only charge for damages above normal wear and tear. In the case of things like carpet replacement, the cost of such would depend on the age of the carpet (in a rental situation carpet life is prorated over a 5 year period). Whether a unit needs to be repainted depends on how much damage was done by the tenant (you) to the walls during the year that you lived there.

    You indicate the rental unit was cleaner at your move out than when you moved in. Can you prove this should this matter end up in court? For example, did you take pictures at both move in and move out? Such evidence would be useful to show a court to prove that what the landlord is claiming is incorrect.

    Gail
  3. #3
    holmesth62 is offline Junior Member
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    more details

    Quote Originally Posted by Gail in Georgia View Post
    A landlord can only charge for damages above normal wear and tear. In the case of things like carpet replacement, the cost of such would depend on the age of the carpet (in a rental situation carpet life is prorated over a 5 year period). Whether a unit needs to be repainted depends on how much damage was done by the tenant (you) to the walls during the year that you lived there.

    You indicate the rental unit was cleaner at your move out than when you moved in. Can you prove this should this matter end up in court? For example, did you take pictures at both move in and move out? Such evidence would be useful to show a court to prove that what the landlord is claiming is incorrect.

    Gail
    thank you for responding gail. The carpet and paint are beyond 5 years old. Two of the bedrooms were painted (1rm green, 1rm purple) painting was approved in writing on the lease. There are stains in the carpet and an iron burn from a previous tenant--my roommate said she notified landlord but does not have it documented. I did not take before and after pictures. However, my main point is the revolving door of tenants. Can the landlord have reasonable claim for these damages if they have not inspected the house after tenant move-outs for over 5 years with a slew of different tenants? Also can they charge me for lost rental fees due to the time it took to make repairs?? She is charging 800$ for a week of lost rent. (especially if no one was scheduled to move-in for over a month due to construction)
  4. #4
    ecmst12 is offline Senior Member
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    I don't think you can be charged "lost rent" beyond the time your lease was over for time needed to do repairs. Even if the repairs WERE your fault, you're not responsible for rent after the term of your lease, that is the cost of doing business for your landlord. I also doubt that YOU were paying $800/week in rent even when you were living there.
  5. #5
    Sloop John D is offline Member
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    Quote Originally Posted by holmesth62 View Post
    However, my main point is the revolving door of tenants.
    If the paint and carpet are both 5 years old, it's unlikely your landlord can charge for them, regardless of the circumstances. It won't matter if other tenants ruined the carpet and paint prior to your move in or if this damage was documented, because once the carpet and paint have run out of their usable life, the landlord cannot charge you for their replacement.

    I've never heard of a landlord charging for the time it takes to perform repairs on an apartment.

    If the landlord is allowed to charge for this time, my guess is that the landlord would need to show that she had another tenant lined up and ready to move in at the time construction was performed. However, considering that the carpet and paint needed repairs due to the fact that they were so old, and not because of any damage caused by the tenants, I doubt she can charge you for any missed time.
  6. #6
    Gail in Georgia is offline Senior Member
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    If the landlord is allowed to charge for this time, my guess is that the landlord would need to show that she had another tenant lined up and ready to move in at the time construction was performed. "

    This is true. However, at $800 a week, this would mean the monthly rent would need to be $3200 for the landlord to justify this.

    Gail

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