This guy is trying to rip me off!

[Ana33]

I am taking my previous landlord to court because he is keeping my security deposit and I don't agree. I filed the small claims and now he came back and is countersuing me for all these bogus ridiculous charges! Unfortunately, I didn't expect any of this and didn't get pictures of the god-awful apartment and the crappy condition it was in when I moved in. But I didn't do any damage - how can I prove it?? He's trying to pin every little things on me - even down to a doorbell that didn't work while I was there. How does one break a doorbell anyway?! I'm so scared that the judge is going to listen to his lies. What can I do to protect myself from this jerk? Please help me!

P.S. I live in Rhode Island. Isn't it illegal for a landlord to take a bigger security deposit than equal to one month's rent? Because he did that too.

Thank you!!!!

 

[JETX]

Simply, by not documenting the move-in condition, you are going to have a very hard time trying to PROVE that you didn't damage things. All you can do is state your case and hope that the court credits your statements above his.

As for the doorbell (and other issues that may be like that), unless you hit it with a hammer or damaged it some way, this would be 'wear and tear' and not chargable to you.

As for statutory limitations, I suggest you read the Rhode Island Landlord-Tenant statutes at:
http://www.rilin.state.ri.us/Statutes/TITLE34/34-18/INDEX.HTM

Look for ANY specific violations that the landlord may have done. Document them and then take the violations to court. They may go a long way to show the court that the landlord was not in compliance and may impact his credibility in court. For example the statute clearly shows that a landlord cannot "demand or receive" a security deposit in excess of "one month's periodic rent" (§ 34-18-19, Security deposits).

A downloadable (PDF format) brochure can be found at: http://www.planning.state.ri.us/landlord/landlordtenant.pdf

Also, of interest:
http://rhol.org/rental/_data/rhode-island.htm

Heck, here is a link to a RI attorney who will answer your emailed questions: http://www.slepkowlaw.com/landlord.htm

 

[dncr]

Didn't you do a walk-through when you moved in to document the previous damage to the apartment?

 

[Ana33]

No, we didn't do a walk-through when we moved in to look for damage. This house is really old, and things are just old. Some of the things he's charging us for: $100 to replace a stove because it was too dirty to clean. I can't even tell you how disgusting and old this stove was. I scrubbed that thing on so many occasions, and the only thing that came off was paint (that's his solution to anything old - paint over it). There were 2 huge rust spots on the stove that just got worse with scrubbing. The first letter he sent us said he was charging us $35 to clean it, then in his counter claim, he says $100 to replace it because it was too dirty to clean! Well which one is it?? Another ridiculous thing he's charging for is spackling walls from nail holes. I had a few frames up, and I made sure to spackle all of those holes before I left. Come on - that has to be normal wear and tear. We were there for 2 years! He's charging us for putting tape on a shower pipe. Yes, we had to put the tape there because this piece of crap leaked and almost flooded his bathroom twice! Maybe I should have let it flood, hey if he's going to charge me for putting a piece of tape on a pipe!

 

[JL Bonnici]

The fact that he has changed the dollar amount he is seeking about the stove shows that he is now in vindictive gear.

 

[Ana33]

Exactly, he has changed the dollar amount. I guess that's no illegal or anything, but doesn't that show a judge that he's just out for money? I mean, he sent me a check for $113 first, then when I filed suit he now wants $500 more from me on top of the $610 he already has. Do you think a judge will look at that and say he's wrong? If he was willing to pay me $113 now why has he changed his mind. And more, he has had a new tenant in there since the day after I moved out. Who's to say these "damages" weren't done by his new tenant. I did a walk-through with him and he did not comment on any of these damages.

 

[dncr]

Ok, so you did do a walk-through when you moved out and he didn't comment on any of the damages? Usually you have to sign something showing any damages before you move in AND after...if you didn't sign anything showing these so-called damages, you may have a good chance here. I'm not a lawyer, but I think that will help you. Good luck, and next time document everything when you move in! (sorry, that's the mother in me)

 

[Ana33]

We did a walk-through with him on the very last day we were there when the apartment was completely vacant. We stood in the kitchen as he walked through the whole apartment. He did comment on a scratch in the kitchen floor - which we will debate in court, but that was the ONLY thing he said anything about. He handed us a clipboard where we wrote our forwarding address and phone number. He said he would contact us that weekend. Of course I never heard from him and sent him a certified letter 20 days letter reminding him by law he had to notify us of a reason why he is keeping our money within 20 days. He responded with the floor damages and something about "wire damage" from having a phone service installed (???) - and a check. Then I filed the small claims suit and this is when he responds with this list of more damages. He's had a tenant in there since the day after we moved out. Did he find all these supposed damages before she moved in? Doubt it! Oh I am so sick of these landlords who think they can fix up their apartments with the money of innocent tenants who did nothing to him while they lived there. Oh believe me - I am done with landlords! I bought my first house and I plan on never going back to apartments. I highly recommend for everyone to own a home if possible - no landlords to deal with!

 

[Ana33]

Woo Hoo, I won my case!

Hi everyone, just wanted to let you know I had my small claims case yesterday and I won! The judge was great and he pointed out to the landlord all the landlord/tenant laws that he broke and didn't even entertain his counterclaim. See... sometimes the law does work! Thanks everyone who posted for your great advice. I got all my money back - and the judge even said I legally could have sued for twice the amount! Oh well, who knew? I'm so happy now! I hope I never see a landlord again.

 

[dncr]

Congratulations--that's wonderful!! Thanks for the update and for the heads up.

 

[JETX]

Re: Woo Hoo, I won my case!

Hi everyone, just wanted to let you know I had my small claims case yesterday and I won! The judge was great and he pointed out to the landlord all the landlord/tenant laws that he broke and didn't even entertain his counterclaim.

Congratulations. I assume that your success had far more to do with your reading the statutes as suggested, than any other thing. Correct?? If so, just another example of how a KNOWLEDGE of the law and preparation helps.

 

[Ana33]

Oh yes it definitely pays to know the law - BEFORE you do anything like move out or sue somebody. This wasn't the first time I'd had problems with a landlord, so when I bought my house and knew I'd be moving, I made sure I did everything right (I had a feeling this guy was going to be difficult). I gave proper 30 day notice - verbally AND in writing, included my forwarding address, and then waited the 20 days he had to respond (and he never did). Because I did those few things, I got my security deposit back. To anyone who is planning on leaving an apartment anytime in the future - make sure you do it right - because it will help you in the long run! I'm sure this landlord is wishing he had read the landlord/tenant laws a little closer. Glad I did!