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Ron | Rental with no security deposit. Left in clean condition, but landlord finicky wants money. What's the redress |
Rental with no security deposit. Left in clean condition, but landlord finicky wants money. What's the redress.
Landlord is saying it is not clean here and clean there. I pressured the landlord for a walkthrough when I moved in, but he kept dodging me and never gave me the checklist. By the way, I sayed there only for 1 month. This landlord who didn't want to do the walkthrough when I moved in wanted to do one when I moved out. I agreed. No he is asking for $800 for nothing. As I said, I didn't pay any security deposit, rent is already paid.
What is my course of action and what is the landlord's course of action. Can he sue me, will this go in my rental record or eviction record or something? Should I be worried? Please let me know.
Additional Details
Yes, there was a rental agreement. |
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HipMama
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It would probably cost him more to sue you then the $800 he thinks he is owed. Tell him to document his concerns and claims in a letter and you will have your attorney review it. That should make him put up or shut up.
It sounds like he's just bullying you and hoping you'll fork over some easy money. If he did no walkthrough up front, and has no documentation of the condition of the apartment before you rented it... then it would be very difficult for him to prove that you caused the damage. Especially if you were only there for one month!
I'm not aware of any "rental record" that exists that other landlords could access. Never heard of such a thing. Just don't count on being able to use this current landlord as a reference in the future. |
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Muslim
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I assume you are in the USA?
The first thing you should do is take pictures of the place.. if that's not too late... and take LOTS of pictures and video as well.
Next try to find out who the previous renter was, and try to get them to be on your side if the landlord decides to sue you.
Next try to find other previous renters who have moved out and try to get them to be on your side if the landlord decides to sue you.
As you haven't paid the security, the landlord may want to sue you in small claims court, and the pics and verifications from previous renters will help you win this. |
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brandyrhi
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It sounds like you broke a lease unless you only signed a 1 month lease. In that case, he may be charging you for a notice that wasn't given. But without knowing what the lease states I can't really say. |
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Kimbermai
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Laws vary depending on what state and sometimes even the city that your in - I would suggest you do an online search for those specific details. Also, do you have a lease/rental agreement? Double check that to see what is stated as far as your obligations - if you didn't sign anything there is no legal obligation on your part I wouldn't think...but look up some legal stuff online that pertain to your state and then look over your agreement. Good luck. |
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Chris B
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It's really too bad that you didn't take it upon yourself to jot down what you may have found out of order when you moved in. It would cost him nothing to sue you in small claims court outside of a small court fee. If you still have access to the apartment take some pictures of what he claims is unclean. I wouldn't worry too much about it and if he does take you to small claims court you can make a monkey out of him for having no proof whatsoever of his claims. |
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linkus86
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If he wants money from you he is going to have to sue you and PROVE he is due money. Landlords get a lot less picky when they realize they will have to get a Judge to agree with them. And Judges can identify scam artists easily. |
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k man
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I GUESS MY QUESTION IS WAS THERE A RENTAL AGREEMENT. |
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ebosgramma
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The very first thing that every tenant needs to do when they rent anywhere is to take dated photos of every room and of everything that could become a problem. Landlords are all happy and friendly when you move in but it turns bad more often than not once you have moved out. You should get them developed with double copies. Give the landlord one set and tell him, I am not asking you to fix any of these things I am just making you aware that this is the condition they are in now and this is the condition they will be in when I leave.
The day you finish moving out and cleaning do the exact same thing. Taking those pictures would save so many people from this type of situation.
If you still have the apartment keys go back today and take dated photos focusing on the areas the landlord is having problems with.
If he tries to keep your deposit you may have to take him to small claims court to get your deposit refunded.
This will not be an eviction no matter which of you files, it will simply be a small claims case. |
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Kathleen M
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Did you sign a lease of any type? If so get it out and read it! If not he didn't require a security deposit before he can't ask for one after. If your rent is paid and you have no lease problems (if there was one) he can't do anything. That is what a security deposit is for. Security for the landlord. And if he failed to obtain one too bad for him! |
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