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Landord wants the sue

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Old Jun 26th, 2008, 08:15 AM     #1
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Default Landord wants the sue

Hi, I am recently moved out of a rented home for almost a month now. There were 3 of us who occupied the house, and rented from the landlord for $500 dollars a month. Recently we had called the landlord to get our security deposit back ($750 each, or $2250 total). However, the landlord threatened to take all of us to court because the house was in bad condition. According to him, the house was dirty. This is an inaccurate statement because we cleaned the house to the point that it was cleaner than when we originally moved in.

We had the carpets professionally cleaned, and were told that some of the carpets hadn't been cleaned in 20 years. Furthermore, we scrubbed all hardwood/kitchen floors twice, cleaned all the bathrooms by hand with bleach, vacuumed, and did all other necessary cleaning. I also have two witnesses who helped me move out that are willing to testify that the house was in top-notch condition when we moved out. One of them is a former cleaning lady, and the other is my grandfather.

Beyond that, the landlord allegedly claims that he received a fine for bulk trash. The problem here lies with the township. We cleaned the house prior to moving out on June 1st. The bulk trash we had we put to the curb for the township to come pick up. The township comes once a week to pick up bulk trash. It is usually on Wednesday's. We put the trash out the Friday before Memorial Day and expected the trash to be taken the Wed. after Memorial Day. However, it was not taken. So we called the township and explained the situation and they informed us that bulk trash was not picked up the Wed. after a holiday. Therefore it would have to wait until the following week. Well the following week we were no longer tenets in our home as we had to be out on June 1st. So i don't understand why the landlord has a problem with us and not the township.

Does anyone have any legal advice, or have similar situations regarding landlords? I just want to receive my security deposit back, at least $700 of it. And I am willing to go to court to get it.

Any advice?
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Old Jun 27th, 2008, 09:47 PM     #2
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Default Re: Landord wants the sue

You are responsible for any bulk trash pickup costs and the fine whether you knew or not. Ir was your responsibility to find out if they would have this pickup after a holiday. You are to be responsible to see that all of your trash and large items were removed. You should have called to check on this yourself or arranged for other means to dispose of these items. His problem is not with the township, which did their job as required. It is with you for not checking and making arrangements to get these items removed from the rental property. You are responsible for these costs and they can legally be deducted from your deposit.

As for the other deductions, did you take photos of the place before you left? The witnesses may, or may not, be believed in court. After all, they are your friends and they are going to be on your side or any dispute. They judge may not believe them. Do you have any other proof of how the unit was left? Cleaning receipts? Other impartial witnesses (moving men, the cable guy, a pizza delivery person)? Did you receive an itemized list of deductions within your state's time limit after you vacated? If you go to court over the rest of the deposit, all 3 of you will need to sue the LL, unless each of you was on a seperate lease. In court, ask for proof of the dirty unit. Ask to see photos, his cleaning receipts, etc.
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