Landlord charging me for repairs- I have no evidence of condition upon move in or out

[Tiffanyy808]

CALIFORNIA-
My landlord kept my security deposit of $1700.00, plus the $3000.00 i overpayed on the last months rent, and now says I still owe him $1600.00. for damages he repaired. He said the total amount of repairs was $6,300. I rented this apartment for 5 months. It is a two bedroom 900 square foot apartment. I didn’t take any pictures when i moved in or out. The maintenance man came and did a walkthrough one month prior to when I vacated and told me I would just be charged to repaint and for cleaning. He said it would be about $500 to $700 total. I didn’t get this in writing although I wish I would have asked. I just trusted him.
The letter from my landlord states that the entire place was refloored with new carpets for the bedrooms and new laminate in the living room and kitchen . Entire apartment repainted and and replacement of both the bedroom entry doors (I had put weather stripping in the door frames and door sweeps on the bottom because there was a 2.5” gap under the doors where heat was escaping.
My question is do I have a good chance in small claims court recovering any of my money back with out any pictures or evidence of the condition of the apartment when I moved in or out?

 

[Gail in Georgia]

Unfortunately, we have no way of knowing how you left the rental unit at move out (the walk through with maintenance was done one month prior to you vacating the rental unit).

Without pictures of the condition of the unit at move in and move out, what would be your claim for your deposit?

Gail

 

[xylene]

Your landlord seems to be expecting you to pay for a renovation of the unit.

The landlord is not entitled to the cost of improved materials, even if you trashed the place.

The landlord must meet a burden of proof too. Pictures can be manipulated.

 

[HRZ]

As a retired LL : LL is entitled only to things beyond ordinary wear and tear ..unless your contract is darn clear otherwise .

And in General even if you trashed old carpets or old floor LL is entitled to only the depreciated value. Or remaining life you destroyed ....I doubt it was new carpet ?

I'm not there ...reads like LL is excessive to point of discrediting. Him or her self...and that may be good news if you sue

LL will need to prove his costs .

 

[LdiJ]

CALIFORNIA-
My landlord kept my security deposit of $1700.00, plus the $3000.00 i overpayed on the last months rent, and now says I still owe him $1600.00. for damages he repaired. He said the total amount of repairs was $6,300. I rented this apartment for 5 months. It is a two bedroom 900 square foot apartment. I didn’t take any pictures when i moved in or out. The maintenance man came and did a walkthrough one month prior to when I vacated and told me I would just be charged to repaint and for cleaning. He said it would be about $500 to $700 total. I didn’t get this in writing although I wish I would have asked. I just trusted him.
The letter from my landlord states that the entire place was refloored with new carpets for the bedrooms and new laminate in the living room and kitchen . Entire apartment repainted and and replacement of both the bedroom entry doors (I had put weather stripping in the door frames and door sweeps on the bottom because there was a 2.5” gap under the doors where heat was escaping.
My question is do I have a good chance in small claims court recovering any of my money back with out any pictures or evidence of the condition of the apartment when I moved in or out?

Because the landlord wants money above and beyond your security deposit and the extra rent, you really have no choice but to take him to court even if you do not have pictures. Otherwise, he is just going to send you to collections and it will haunt you forever. At least if you take it to court, he will have to prove the damages AND appear more credible than you.

How old do you think that the carpeting and flooring were when you moved in? He is only allowed to charge you the depreciated value of the carpeting and flooring and even then, only if there was damage in excess of wear and tear.

 

[FarmerJ]

You mentioned that the maint guy spoke of re painting SO in what condition was the paint when you moved in ? AND did you smoke tobacco or pot in the apartment , did you have so many candles burning that the ceilings became blackened ? did you or a child of yours beat up the walls , draw on them, write phone numbers on them? if not and your use was just regular wear and tear then the LL cannot fairly charge you to re paint. SO it sounds just like what you had already been told here, this LL is trying to make you pay for his remodel , which is BS , some will tell you to send a dispute letter out, (unless your state requires it if it was me I likely wouldn't bother to send one especially with such a short tenancy) SO take LL to small claims court and ask for full refund and do your best to tell the judge about the condition of the apartment even though you didn't take pictures and explain to the judge about your over payment and ask to see the landlords proof that you damaged the place and do tell the judge about the condition of the paint job when you moved in and about the maint guy who said you would be charged to repaint and let the judge decided.