BLS 314 Posted May 31, 2012 I just recently started renting a home for $1500/mo. I paid a $1800 damage deposit ($300 for having a pet). Two days ago a guy pulls into my driveway and introduces himself as the guy who just moved out. First thing out of his mouth is "watch Sheila (landlord)....she's nice to your face, but she's trying to screw us out of $800 of our $1400 damage deposit". She wants to charge me for things that didn't happen (such as water damage). He asked to take some pictures of the areas the landlord claimed were damaged, and I agreed to escort him through the house. He's going to court in June over it. He suggested I videotape everything to show the current state of the home when I moved in, which I'm going to do. I've found her to be 'shady' already...promising to remove items from the property such as an older kids pool that is damaged beyond use, along with some others kids items in the yard, such as a busted kids sandbox and swingset that is not safe to use. She has not come to get these items and the pool, according to this guy, who I found to be very personable and nice, was there since before HE moved in, and she promised him the same things. The house is by no means in great condition. The yard is a disaster, and it's clearly been neglected. How do I protect myself? What's the smart move here? Share this post Link to post Share on other sites
Mungwater 593 Posted May 31, 2012 Landlords usually take te deposit, that's their SOP. Only place they ever gave me a full deposit back was germany Share this post Link to post Share on other sites
JTB 52 Posted May 31, 2012 I just recently started renting a home for $1500/mo. I paid a $1800 damage deposit ($300 for having a pet). Two days ago a guy pulls into my driveway and introduces himself as the guy who just moved out. First thing out of his mouth is "watch Sheila (landlord)....she's nice to your face, but she's trying to screw us out of $800 of our $1400 damage deposit". She wants to charge me for things that didn't happen (such as water damage). He asked to take some pictures of the areas the landlord claimed were damaged, and I agreed to escort him through the house. He's going to court in June over it. He suggested I videotape everything to show the current state of the home when I moved in, which I'm going to do. I've found her to be 'shady' already...promising to remove items from the property such as an older kids pool that is damaged beyond use, along with some others kids items in the yard, such as a busted kids sandbox and swingset that is not safe to use. She has not come to get these items and the pool, according to this guy, who I found to be very personable and nice, was there since before HE moved in, and she promised him the same things. The house is by no means in great condition. The yard is a disaster, and it's clearly been neglected. How do I protect myself? What's the smart move here? Divide the damage deposit by how many months you plan to live there; then add that number to $1500. If the sum total is "worth" the monthly rent, stay, if not GTFO. Simple really... Share this post Link to post Share on other sites
BLS 314 Posted May 31, 2012 Divide the damage deposit by how many months you plan to live there; then add that number to $1500. If the sum total is "worth" the monthly rent, stay, if not GTFO. Simple really... Makes sense. Share this post Link to post Share on other sites
phillybear 366 Posted May 31, 2012 I'd keep training that Amish kid on the finer points of bowling while devising a plan for a buddy to snatch your landlady's purse while you jump in and kick his ass and save the day. The ensuing sex may be a tad unpleasant. Share this post Link to post Share on other sites
DankNuggs 305 Posted May 31, 2012 The best you can do is document... Instead of calling and leaving phone messages about the neglected backyard issues, it is FAR better to send written correspondance so that you can build a file. Video recording is also a very smart move as well, a bit of a PITA, but divide your time by the potential amount of money saved and it is good insurance... Getting the contact information of that previous tenant would be good as well. Corroboration and a history are powerful. Deposits are not to be used for normal wear and tear that would be expected out of a tenant only actual damage to the property... You generally have the upper hand as a renter in this situation, so if you cover your bases it sounds like you will be good, she may also bring false suit which might be fun with the evidence you will have to support it... Share this post Link to post Share on other sites
BLS 314 Posted May 31, 2012 The best you can do is document... Instead of calling and leaving phone messages about the neglected backyard issues, it is FAR better to send written correspondance so that you can build a file. Video recording is also a very smart move as well, a bit of a PITA, but divide your time by the potential amount of money saved and it is good insurance... Getting the contact information of that previous tenant would be good as well. Corroboration and a history are powerful. Deposits are not to be used for normal wear and tear that would be expected out of a tenant only actual damage to the property... You generally have the upper hand as a renter in this situation, so if you cover your bases it sounds like you will be good, she may also bring false suit which might be fun with the evidence you will have to support it... This is the kind of advice I was looking for. Thanks Dank. Most of my correspondence with her has been via text message (which I save) or email (which I also save). Share this post Link to post Share on other sites
JTB 52 Posted May 31, 2012 The best you can do is document... Instead of calling and leaving phone messages about the neglected backyard issues, it is FAR better to send written correspondance so that you can build a file. Video recording is also a very smart move as well, a bit of a PITA, but divide your time by the potential amount of money saved and it is good insurance... Getting the contact information of that previous tenant would be good as well. Corroboration and a history are powerful. Deposits are not to be used for normal wear and tear that would be expected out of a tenant only actual damage to the property... You generally have the upper hand as a renter in this situation, so if you cover your bases it sounds like you will be good, she may also bring false suit which might be fun with the evidence you will have to support it... I still say figure the money will not be returned and go from there. The cost of a legal battle may likely outweigh the deposit. Share this post Link to post Share on other sites
Strike 5,174 Posted May 31, 2012 I still say figure the money will not be returned and go from there. The cost of a legal battle may likely outweigh the deposit. Typically for this amount of money you would handle it in small claims court which is usually very cheap. No lawyers - just a filing fee which is usually tacked on to the judgment if you win. Share this post Link to post Share on other sites
DankNuggs 305 Posted May 31, 2012 This is the kind of advice I was looking for. Thanks Dank. Most of my correspondence with her has been via text message (which I save) or email (which I also save). NP... If she is the type to pull BS on the move out, make sure to schedule a walk through meeting where you are present. Much harder to try to nickle and dime someone when they are in your face to refute it. It is expected that painting will be required at every turnover of tenancy, either replacing or deep cleaning of rugs (3-4 years tops useful life), etc... See what you lease say in terms of deposits and procedure, it is probably a standard renters agreement for your state if she is super lazy, which she sounds like. Share this post Link to post Share on other sites
Strike 5,174 Posted May 31, 2012 This is the kind of advice I was looking for. Thanks Dank. Most of my correspondence with her has been via text message (which I save) or email (which I also save). So you have written documentation that she promised to remove certain items from the property? Did she give you a date? If not, I'd follow up and ask for one. Share this post Link to post Share on other sites
kutulu 1,659 Posted May 31, 2012 Have you considered home ownership? Share this post Link to post Share on other sites
Mookz 1,337 Posted May 31, 2012 Have you considered home ownership? I consider him to be a huge homeowner. Share this post Link to post Share on other sites
Recliner Pilot 61 Posted May 31, 2012 Strategic default. Share this post Link to post Share on other sites
Casual Observer 597 Posted May 31, 2012 Is there a written lease? If so, how long is the term? Share this post Link to post Share on other sites
titans&bucs&bearsohmy! 2,745 Posted May 31, 2012 I'd keep training that Amish kid on the finer points of bowling while devising a plan for a buddy to snatch your landlady's purse while you jump in and kick his ass and save the day. The ensuing sex may be a tad unpleasant. Lookie there, philly made a funny. The best you can do is document... Instead of calling and leaving phone messages about the neglected backyard issues, it is FAR better to send written correspondance so that you can build a file. Video recording is also a very smart move as well, a bit of a PITA, but divide your time by the potential amount of money saved and it is good insurance... Getting the contact information of that previous tenant would be good as well. Corroboration and a history are powerful. Deposits are not to be used for normal wear and tear that would be expected out of a tenant only actual damage to the property... You generally have the upper hand as a renter in this situation, so if you cover your bases it sounds like you will be good, she may also bring false suit which might be fun with the evidence you will have to support it... This. Document everything. Film the house now. If you haven't already, get her to perform and sign off on a move in inspection, so what the condition was at the time you move in was established. Do EVERYTHING in writting. Never pay the rent in cash, always a check so its documented. Share this post Link to post Share on other sites
JackARoot 2 Posted May 31, 2012 Also, keep in mind that most leases provide where each party is to receive notices, so if it designates a physical address its better to send a letter to that address and keep a copy of the letter(s). Also, certified might get her attention even more, and document receipt of the notice. You might want to research the applicable statutes as well. In Indiana, if a landlord wants to keep a deposit they are required to send notice to the tenant the amount they are keeping and why within 30 days. If they don't send the notice and keep the deposit, then they are exposed to a suit for treble damages and attorney fees. I routinely advise tenants to send written notice of their new address and request for a full return of the damage deposit to the landlord upon move-out. If the tenant does this and the landlord doesn't send the notice and keeps the damage deposit, then its a viable case to get me involved. Share this post Link to post Share on other sites
nobody 2,545 Posted May 31, 2012 How do I protect myself? What's the smart move here? I had a landlord try and take my deposit and I reported her to the BBB. She returned my sh¡t toot f'n sweet. Share this post Link to post Share on other sites
IGotWorms 4,057 Posted June 1, 2012 Why in God's name are you paying 1500/mo. for what is apparently a sh!thole (based on your description of the exterior)? Rent can't possibly be that high in bumfock Minnesota, can it? Share this post Link to post Share on other sites
