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Angry Landlord

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Kstar43

Junior Member
What is the name of your state (only U.S. law)? Indiana

Moved out of a rental home. Landlord furious, is "connected" in our town, and refuses to allow me to get fair estimates for damages (stained carpet needs steam cleaning, deck needs some scratches sanded). Sends scores of texts saying that I'm a horrible person and I will have to pay him "lots of money." He forced us out a month early. He has $1300 (last month's rent + pet deposit). I asked him how much more than that amount would the repairs cost. He says "lots more." Instead of cleaning the carpet and sanding the deck, he is replacing both and says I have to pay the bill. He refuses to show me any estimates, and said if I ask anyone to go over to get an estimate or go myself (I wouldn't; he terrifies me), he'll have me arrested for trespassing. Single mother, not much money. House in great shape, professionally cleaned before we left. Did a walk-through but he didn't have us sign anything, nor did he sign. Now he's claiming more damages. I have photos and witnesses (who went to the walk-through with me). His brothers are lawyers. I'm trying to get a lawyer myself, but he has not returned my call yet.

My questions: how can 1) I get a fair estimate for the work done; his buddies will inflate the cost. 2) Is it legal for him to do this? 3) I know you don't know me from Adam, but the house was not destroyed. The carpet needed shampooing and one small area of the deck needed sanding. That's it. Am I going to be stuck with the bill for all this? He's trying to put the house up for sale, and I think he wants me to foot the bill.

Thanks in advance for any helpful advice.
 


OK-LL

Member
Unfortunately, the landlord doesn't have to provide you an opportunity to visit the property for any reason after you move out; the time to clean the carpet, sand the deck and get estimates for or do any other repairs and cleaning needed would have been before you turn the property back over to the landlord. You had your opportunity to CYA with cleaning & pictures, before, during and immediately after move-out.
 

FarmerJ

Senior Member
You said LL forced you out early, not sure why you went along with it but its pointless to mention it now since you caved in and moved. ( you didnt have to and could have chose to dig your heels in and refuse to vacate early ) as far as access to the place LL does not have to permit you access now that your gone and if you had already paid rent to cover the time you would have stayed had you not caved in then I would say to gather your proofs that the LL made you leave early and sue for refund & see if the courts agree, damages to the place wait it out and in the end if the LL doesnt follow your states laws or is not fair with what is held back then sue in small claims court and let the court decide the issue.
 

Kstar43

Junior Member
OK - LL,

I don't have any desire to go back to the property. I asked for the opportunity to have repair people schedule at landlord's convenience a time to look at the damaged deck to get an estimate. I just want to pay what's fair, not the inflated cost.

I did cover myself with photos and witnesses. I also have the receipt from the professional cleaning I had done. I would like to avoid going to court, if possible. Landlord is making threats and generally acting like a bully. I posted here to see if others thought I might have any recourse.
 

Gail in Georgia

Senior Member
Since it appears from your postings that you haven't gotten the final estimates yet, it's suggested that you wait until you get these and then continue on as necessary.

If the steam cleaning did not take care of whatever carpet damage the landlord is claiming and the carpet does need to be replaced, keep in mind that you would only owe for the depreciated cost of this replacement based on the remaining life of the current carpet.

Since the other issue involves the deck, whatever you did in regards to professional cleaning inside the rental unit doesn't play a role in regards to that issue.

Gail
 

Kstar43

Junior Member
Farmer J,

Mentioned that we had to move out early only because it afforded him a full last month's rent in addition to the $200 pet deposit to be used for damages. Yeah, it was caving - he is very intimidating. We bought a house, and it was fine for us to leave. Bottom line: he has $1300 to pay for damages. Instead of repairing, he's replacing and saying that I have to pay above and beyond that $1300. I know I won't get that back from him. There was no structural need to replace an entire deck for a scratched corner. He's a bully, and he has relatives, friends, and business associates all over town. I will eat the loss of the $1300. My question for the group is: do I have any recourse to protect myself from paying more than that $1300. Frankly, he has power, connections, and intimidation on his side. I have none of those.


Gail,

Thanks so much.
 

STEPHAN

Senior Member
Keep calm. Nothing has happened so far.

You did not give back the rental in proper condition. You should have had this cleaned / repaired BEFORE you moved out.

Did you read and understand the information on the link Gail gave you?

If the LL wants to use your deposit for damages, he needs to send you a proper notice within 45 days.

If you disagree on the cost, you need to let him know in writing. Come back here once you have a notice or 45 days without notice.

Keep in mind that even when replacing is necessary, he can only charge you for the depreciated value.

How long were you living there?
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Indiana

Moved out of a rental home. Landlord furious, is "connected" in our town, and refuses to allow me to get fair estimates for damages (stained carpet needs steam cleaning, deck needs some scratches sanded). Sends scores of texts saying that I'm a horrible person and I will have to pay him "lots of money." He forced us out a month early. He has $1300 (last month's rent + pet deposit). I asked him how much more than that amount would the repairs cost. He says "lots more." Instead of cleaning the carpet and sanding the deck, he is replacing both and says I have to pay the bill. He refuses to show me any estimates, and said if I ask anyone to go over to get an estimate or go myself (I wouldn't; he terrifies me), he'll have me arrested for trespassing. Single mother, not much money. House in great shape, professionally cleaned before we left. Did a walk-through but he didn't have us sign anything, nor did he sign. Now he's claiming more damages. I have photos and witnesses (who went to the walk-through with me). His brothers are lawyers. I'm trying to get a lawyer myself, but he has not returned my call yet.

My questions: how can 1) I get a fair estimate for the work done; his buddies will inflate the cost. 2) Is it legal for him to do this? 3) I know you don't know me from Adam, but the house was not destroyed. The carpet needed shampooing and one small area of the deck needed sanding. That's it. Am I going to be stuck with the bill for all this? He's trying to put the house up for sale, and I think he wants me to foot the bill.

Thanks in advance for any helpful advice.
Lets take this one step at a time.

How did the carpet get stained?

How did the deck get scratched? Give a better description of the scratching.

How old is the carpet? Guesstimate if you do not know.

Unless you live in a very small town that is totally corrupt (and unfortunately they DO exist) he is not going to win just because he is connected. He can attempt to intimidate you with his connections but that really doesn't mean squat most of the time.

However if he is seriously pissed because your dog seriously damaged the carpet and the deck, expect to pay. Although I have a hard time picturing what damage a dog could have seriously done to a deck.
 

FarmerJ

Senior Member
It would not matter if this landlord was so called well connected to Mars or any other place, if you think the LL has not been fair with your deposit then small claims court is where you go and it helps to bring with you so called proofs and if LL tries to charge you say for brand new carpet and the carpet was not brand new then its fair to ask in court what the depreciated value of the old one was ( if that carpet is more 5- 7 yrs old the useful life of the carpet is gone) damage to decks well unless rover chewed it up like a tooth pick then LL should be able to show the court pics of the damage and that doesnt mean a new deck.
 

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