Landlord has threatened court. What do I do?

Question

I moved out of an apartment and left it in better condition than I found it. I made repairs while there and spent money on materials out of my own pocket because I wanted the place to be comfortable. I fixed a light that didn't work. I installed a phone line because it didn't work. I painted under the stairs and put in shelves to use as a pantry. I put in a new mailbox because the old one was rusted and the mail got wet from the road traffic. And I did a lot of other minor repairs/improvements. I cleaned everything before I left.

Now the landlord is trying to charge me $180 for cleaning a one-bedroom apartment and wants me to pay for new carpet. The carpet was stained when I moved in, but I was a fool and didn't take pictures because the landlord verbally acknowledged the stains.

I was a great tenant. I paid my rent on time and never complained about things that I could fix myself. (I am not a novice repairman. I've been in the trades for 30+ years. The landlord got superior workmanship.)

If this ends up in court, can I counter-sue for all of the work that I did? Can she pay herself $20/hour for cleaning? Since I don't have pictures, do I stand a chance of winning against her carpet claim?

Please help. I know landlords get ripped off all the time, but I was a good tenant and don't deserve this. I was at my last apartment for over 15 years and never had one single problem.

Answer 1

As far as paying your rent on time, that is your obligation under the lease, you get no special treatment for that.  If the work you did was not requested by the landlord, unfortunately, you get no special treatment for that either.  If you have no proof of the condition of the apartment when you moved in, you have no case.  On the other hand, I am sure the landlord has time dated photos of the condition of the apartment when you moved out, just in case you decide to sue her.  I can't tell you how many times I hear tenants say, "I left the apartment in better condition than when I found it," or something to that effect.  If that is in fact true, you better have some kind of proof in court, such as dated pictures, or a move in list of the condition, with any repairs or cleaning not done, and signed by the landlord.  Also, she probably could sue you for unauthorized repairs or additions in her apartment,  Even if the work was superb.  

Answer 2

I am very sorry to hear you got shafted.

"Can she pay herself $20/hour for cleaning?"

In most states, she can't

"If this ends up in court, can I counter-sue for all of the work that I did?"

Unfortunately no, the landlord did not contract for the work and so has no obligation to pay you for the work.

Sadly this is why landlords as a group get a bad name and why tenants always need to do a walkthrough and written documentation both when they move in and move out.

Answer 3

Did you get your security deposit back?  She can't charge you for normal wear and tear on the home - so cleaning is out unless she shows you a receipt for cleaning.  Also - depending upon how long you lived there, I don't think she has a chance with the carpet either.

Tell her you are not going to pay for the cleaning nor the carpet.  It sounds like she is trying to bully you in forking over some cash - don't do it.

Answer 4

You can't counter-sue because the landlord did not enter into an agreement with you to make the repairs.  You can't deduct rent or cleaning charges by stating you made repairs and it equals out, it doesn't work that way.

However, you can request an invoice of the cleaning.  If she paid herself, that's not going to prove that she did $180 worth of cleaning, and she's going to have a hard time proving she did unless she has photos.  The judge will ask for proof.

As for the carpet, she can't charge you for replacement carpet if you have lived there for 15 years - the carpet will have long outlasted a typical carpet life, which in an apartment is about 5 - 7 years.  She can charge you for stains, but she can't charge you for replacement carpet.  The judge will most likely side with you on that one.

Answer 5

Unless you have it in writing that you were authorized to make changes to the apartment (repairs)...then the landlord can sue you for "unauthorized repairs".  Next time...get everything in writing.  And no...you can not sue for all the work you did...unless of course you have it in writing that you will be reimbersed for such repairs.

Answer 6

Ignore her - she'll go away, otherwise if she does take you to small claims, counter sue for your repairs/improvements.