Now they say they want to SUE!!!

[hound dog]

Okay , I lived in a house in Missouri for 6mths. When I left I made sure the house was very clean. Well the landlord called and said that they had to do 175.00 of repairs and he was charging me 300 for landscaping which I agreed to do but do to bad weather did not get the chance.I agreed with that and said fine. Well today his wife called my wife and said that there was alot of repairs that had to be done named off a slew of course my wife said that she was aware of one repair and that was the cabinet door hinges came off , well she said that she wants additional 300.00 and if we did not pay thaat she will sue us for it. We have been gone for 2 1/2 mths and we now live in TEXas , when I left that house was in great condition even the landlord said so hisself. Waht are my rights ? Can she do this?

 

[niradh]

It all depends. When you moved out did you do a move out check list with the landlord? If you did what did the check list say?
Also, did you get your deposit back? If you didnt are they saying they are keeping it because of these repairs? Most states have law requiring a landlord to send a detailed account statement saying what your deposit is being used for. In addition they are required to send you that with in a certain time frame.

 

[hound dog]

I read my lease aggreement and it states that they have 30 days to notify me in writting about my deposit which they have not. No I did not do a walk through with them b/c they live about 4hrs. away . I talked to the landlord which told me the house was in good condition now his wife is calling saying otherwise.

 

[djdj]

well it doesnt matter they live 4 hrs away it is their property and YOUR money...

You should have sent them a letter staing you wanted ALL of your security back, because they refused to meet with you and go over a move out list of damages,

Then you could have sued them..

 

[hound dog]

So can they sue me for 300.00 for landscaping after all this time it has been 66days since I left and they have not gave me anything in writting about my deposit and what it was spent on. So do they have a case of sueing me. The landnord said that the house was in good condition in December in February his wife said it was a mess which was a lie I cleaned it from top to bottom. What can I do to protect myself anything?

 

[djdj]

with NO pictures and no walk thru, its your word against theirs... They can say YOU refused to do a walk thru

HEY you have nothing in writing do you?

I guess you should pay them the money AFTER you get a release too, saying that the $300 covers any and all the outstanding bills, damages on that apartment, signed by both of them, and dont lose it.....

Next time you will know better......

[Edited by djdj on 02-02-2001 at 04:04 PM]

 

[JETX]

With all the 'non-answers' and "shoulda's" that you received, I almost got lost in your original question. So, I will try to give you factual answers and not 'personal opinions' (after all this is not the 'personal opinions forum, is it???)

As for the lack of a 'walk-thru inspection', it is the LANDLORDS responsibility to arrange this per Missouri Revised Statute, Chapter 535, Section 535.300:
"4. The landlord shall give the tenant or his representative reasonable notice in writing at his last known address or in person of the date and time when the landlord will inspect the dwelling unit following the termination of the rental agreement to determine the amount of the security deposit to be withheld, and the inspection shall be held at a reasonable time. The tenant shall have the right to be present at the inspection of the dwelling unit at the time and date scheduled by the landlord."

Further, the same reference also says:
"5. If the landlord wrongfully withholds all or any portion of the security deposit in violation of this section, the tenant shall recover as damages not more than twice the amount wrongfully withheld."

To see the other requirements (30 day return/report of deposit, what he can and cannot deduct for, and that your deposit cannot exceed two months rent), click on:
http://www.moga.state.mo.us/statutes/c500-599/5350300.htm

Now, with all that knowledge, you should simply send the landlord a letter, certified RRR. In your letter, state that the landlord has broken the law and that you can sue and recover TWICE your deposit amount. Demand that he refund your FULL security deposit within 14 days, or you will start legal proceedings to recover your damages in accordance with the Missouri Revised Statutes.

Also, you might include (not needed, but could be helpful), the following:
1) detail the date of written move-out notice you gave
2) the fact that you completed the full term of your lease,
3) the fact that you left the property in good condition as confirmed verbally by the property owner.

Now that you have the might of the law... use it!

 

[hound dog]

Thankyou for your advice. It was much needed and great news at that. Thanks again........