How do I protect myself from a shaddy landlord?

Question

My landord is really upset that I gave notice after 3 years. He is too cheap to by new carpet so is trying to blame me for the condition of 20 year old carpet. he never did a move in checklist and I am getting the carpets cleaned. How can I protect myself since he's a liar if he didn't give me a move in checklist?He is saying he's going to keep my whole deposit!

Answer 1

Call the department of fair trading.

And if you can get hold of free legal advice- look in the university campuses law schools usually have a service set up by law students.

Learn a lesson from this experience and ask for a checklist if you didn't get one. Or take photos of the apartment prior to moving in.

Answer 2

He can't.  Ring the Rental Tribunal in your state and they'll advise you on the proper course of action.

Answer 3

If everything you are saying is correct you have a good case to take him to small claims court if he keeps your deposit. Don't let him get away with it. Have the carpets cleaned and as far as I can see he has no way of proving that the carpeting was new when you moved in. Be sure to keep the receipt from the cleaners when you get the carpets cleaned.

Answer 4

keep calm

he may want your deposit but he also wants to make you angry

if you want to be nice remind him how long a landlord has to settle deposits  many states award court costs as well as treble damages

if you want  to be smart keep your mouth shut wait till enough time has  passed differs by state then take him to court

save your cleaning receipt as well as pictures of interior of your home

Answer 5

go to http://nolo.com and you can read up on all your rights. if the carpet is dirty after 3 years that you have lived there it is considered normal wear and tear. You have to walk on that thing every day for 3 years let alone the years before you got there. He can't keep your whole deposite anyways he can only keep the portion he is using to pay for the damaged property which a carpet does not apply. I can spill grape juice on a white carpet and if it stains that is not my problem as a tenant is is the landlords. They are to change them before anyone moves in anyhow. I I wouldn't even have them cleaned he has to change them, and if he does pull a stunt on you take him to court a sue him. call legal aid and explain to them the situation they will be able to help you for free. Good luck.

Answer 6

Find out what your rights are as a private tenant (you have rights you know). Keep everything strictly business, document everything etc.

Answer 7

small claims court. also check the city for tenant resources and organizations that may help you.

Answer 8

Consult your state law, which you can find online.

In many states his failure to do a move-in checklist negates his ability to make claim for damage unless he can prove it happened later.  If you gave notice properly and have paid all rent due, you should be entitled to a full refund of your security deposit.

There may be an ombudsman's office that can help you if he tries to do that.  Otherwise, you'll have to take him to small claims court and you will win a judgment.

Answer 9

The course of action will be different in different states, so the first thing to do is read up and know your rights, which you can find on the internet for your particular state.

Where I am, there is a civil and administrative court that deals with unresolved disputes over deposit/bond money.

Next, evidence. If you have pictures of the carpet in question from over the years, then gather them up and keep them safe so that you can use them if you need to.

There are tenancy rights information centres in most states, and they can inform you of where to go from here.

Where I am from, a landlord cannot take a whole deposit, or even part thereof, without getting either your signature on a certain form, or the agents signature. There are loopholes, where it lapses if you don't do anything about it at all over a certain amount of time after you move out, but as long as you dispute this, he cannot get your money.

I have been to court over rental issues (whilst homeless after being flooded out of my rental property) before and I learned that you can never be too aggressive. Write a statement that sums up the condition of the house when you moved in and points out the fact that there was no condition report done.

Good luck, I hope you get it resolved. It's a pity when people are being dishonest just to make a buck, but it's INCREDIBLY common these days.