Landlord/Legal issue

[04liquidS]

@NOTLUZN

when you guys left did you and the landlord do a walkthrough. if not then you probably owe for the damages that he stated. did you take pictures.

I requested a walk through in the letter terminating our lease, but he never scheduled one.

@beat90tsi

Odor is hard to prove, but hard to disprove as well.

10-4 on the walkthough. That’s why they do a walk-around when you return a rental car, renter and rental company rep simultaneously check the rental unit…and sign off that everything is ok. Without that, it’s hard to say anything about the condition when you left.

Yeah, I made quite a few mistakes with this whole mess. I should have insisted on a walk through, even though I did ask for one. He just never scheduled one or even called me about it.

How much was the “pet fee” that he waived for you?

He didn’t waive anything, he added $25 a month to our rent because we had 2 cats-which he allowed and was in the lease.

@foz

According to the landlord tenant act, (paraphrasing) the landlord must submit to the tenant in writing list of damages/charges and return the security deposit remainder within 30 days. If it is not done within 30 days, the landlord forfeits all rights to pursue for damage. At that point if it is not returned the tenant can sue the landlord for double the security deposit.

This is what I was confused about, I saw a website that claimed he could not counter sue us for damages if we only sued for the amount of security deposit. It said that if we sued for double the amount, he could counter sue for damages.

@foz

Personally, I would remind him of this, and offer to let him return your security deposit and that you will move on, or you will sue him for double…

I think I will send him a certified letter stating that I am not going to pay these damages and that I want our security deposit back within one week or I will file a suit. Of course I will include a copy of the landlord tenant act just in case he thinks I’m stupid.

@Bravada 442

I would have given my left nut a year or two ago to have a tenant as courteous and aware as you two are. I had a guy that I just wanted to freakin’ kill. Wouldn’t move out, wouldn’t pay, etc… Luckily I had all my ducks in a row in terms of the lease and got at least a little of the money.

Well apparently I am too nice for my own good. He’s pissed me off now and I am done fucking around with him.

Anyways, you’re going to be in the clear as far as the carpet goes, at least I think so based on my past issues with my uncle who rents a lot of properties. You’re probably going to get stuck in court one way or the other regarding it, but I’d do what Foz says first and send that little section from the attorney general over and see what he has to say about that.

This is my plan, if I still don’t get our money back I will go to the magistrate. However, this section of the landlord tenant act has me a bit perplexed:
(c) If the landlord fails to pay the tenant the difference between the sum
deposited, including any unpaid interest thereon, and the actual damages to the leasehold
premises caused by the tenant within thirty days after termination of the lease or surrender and
acceptance of the leasehold premises, the landlord shall be liable in assumpsit to double the
amount by which the sum deposited in escrow, including any unpaid interest thereon, exceeds
the actual damages to the leasehold premises caused by the tenant as determined by any
court of record or court not of record having jurisdiction in civil actions at law. The burden of
proof of actual damages caused by the tenant to the leasehold premises shall be on the
landlord.

So, since he is saying we owe him $16XX or so more than the security deposit, doesn’t this mean that we would not be entitled to any of our security deposit?