Rental Agency Charges on Move-out

[HpyGoLky]

What is the name of your state (only U.S. law)? Alabama

We rented a home in Alabama for four years and I have two questions:

1--We noted on our move-in deficiency list that there were several holes (from photos) in the wall throughout the home and that there was dirt on the popcorn ceiling around the vents. Upon move out, the realty company is trying to make us pay over $1800 for the ceiling and painting throughout the home. The home was NOT repainted after the previous tenants, who lived there for 6 months, so it was close to 5 years since they had been painted. Also, it was in our lease to not patch the holes from where we hung photos/art.

2--We signed a lease in September 2013. At that time, Alabama law required that all deposits or notices of monies due for damages be issued within 35 days of terminating a lease. In July of 2014, the law changed to allow for 60 days. Since we signed the lease, a binding contract, in 2013, are we under the 35 day rule, or the 60 day rule? The code is Alabama Code § 35-9A-201, but it does not say if it is from that point forward or if it backdates on all current leases as well.

We are now in Kansas and are trying to take care of this situation from here.

Thanks!

 

[Gail in Georgia]

1. If you disagree with what was kept from your security deposit (if this is this the case) you send what is known as a "demand" letter, disputing this amount and demanding what you believe you are fairly owed and giving management a certain amount of time (say, two weeks after they receive the notice) to return this amount. If no satisfaction then your next option is to consider a lawsuit regarding this matter.

We have no idea if you added too many holes to the walls or left enough damage that the place needed to be patched and repainted. Did you take pictures at move out to show the condition should this end up in a lawsuit against you? That would be helpful if so.

2. 60 days.

Gail