So I was renting a house for 9 years, circumstances came up which forced me to move. Gave 30 days notice with a move out date of Oct 1st 2013, ended up not being able to have everything moved then. landlord told me to move everything out to the garage and he changed the locks on the 2nd, I was told that rent would stop accumulating as of then since he effectively took possession by changing locks. Had all my stuff out on the 3rd. LL was too busy to do a walkthrough when I texted her on the 3rd so she did it on the fourth. At the walkthrough it was noted that 1 mini blind was missing, a 5x5 hole in the wall, a towel bar from the bathroom, and 1 door had a hole in it that was also on the initial move in 9 years prior.
November 6th I received a letter from the LL with itemized charges for cleaning
up a few items I left behind, sealing the floors that she claimed were stained by pets, and a charge of almost $1800 listed simply as replacements. No explanation or list of replaced items.
Turns out she charged me for the following, 3 pairs of expensive wood miniblinds( the ones in there were 12 year old Wal-Mart white metal), 3 matching interior doors, New mirrors for both bathrooms because " they weren't as shiny as the were when I moved in", and a range hood because it didn't match the new oven they put in, oh and 400 bucks to paint the interior which was last painted before I moved in! Now my question is how can she charge me for all this when her own walkthrough didn't list any of it? And how is paint and dull mirrors not considered normal wear and tear?
EDIT: I should have stated that the case already went to court, the judge awarded them the whole amount they asked for. Stating that although some wear and tear is expected after 9 years of tenancy, apparently carpet padding, desilvered mirrors, paint, and a leak around a skylight are my responsibility and not wear and tear. They also claimed they had to replace the bathroom toilets and sinks due to hard water staining. They also charged me for new oven drip pans, and claimed that they had to replace the oven and refrigerator which were both manufactured in 1987. And explained to the judge that they generously, did not charge me for the appliances or toilets and sink.
As for the deposit return timeliness issue, I was unaware of the law until mediation occurred at which point I had failed to countersue and simply marked I wanted a lawsuit. I attempted to show the judge text messages proving they changed the locks on the 2nd thereby taking possession as they claimed rent through the 4th when the walkthrough occurred, but the judge wouldn't even look at them.
The whole reason I'm asking about the legal binding nature of the walkthrough she performed is that the LL claimed, and the judge agreed, that she apparently missed all this damage when she did it. Bear in mind they provided no evidence of the damage claimed, other than receipts for items purchased. No photos, no witnesses other than themselves, nothing but their word that all this damage wasn't readily apparent when they marked it all as being in excellent condition.
I plan on attempting to appeal the judgment on the grounds that the judge erred in the facts of the case, However I'm unsure of the legality of this. I'm also unable to pay the filing fees as I'm a disabled single father. Thats why I'm asking you good people of reddit before I throw away another $50 on filing fees.
Submitted January 30, 2015 at 09:31AM by Cocky1976 http://ift.tt/1zbNdNG legaladvice
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