Landlord making irrational claims

[Patrick]

I recently moved (August 1st), with my fiance, out of an apartment and into a new home. The apartment was in a 3-family house and is located in Connecticut. In addition, the landlord was the previous tenant of the apartment that we occupied. Now to the interesting stuff. When my fiance moved in (about 10 years ago), the landlord/previous tenant had left the oil tank empty. When my fiance questionned him on this, he stated that he would recoup this expense upon her leaving. Well, we just moved-out and he is holding this money (275 gallons @ $379.9/gallon = $1044.72) "hostage" along with the security deposit. He claims that damage, beyond the normal wear and tear, was done and that cleaning will be required. It just so happens, so conveniently, that the total for the cleaning required exceeds the security deposit and the amount owed us for the oil. My fiance never signed a move-in inspection sheet & the lease was an oral, month-by-month agreement. The carpeting, walls, tiles, etc. were never in great shape and, ironically, he was the one that caused the pre-existing damage (as he was the previous tenant & is also the one moving back in). Does he have the right to hold the oil money "hostage" along with the security deposit? He has already agreed, in writing, that he is responsible for the oil but is not willing to pay-up. I'm not quite sure what the tenant's rights are in the state of Connecticut. Did we screw up by not insisting on a move-in inspection/walk thru with the landlord, or did he screw up by not insisting on one. Moreover, we were not involved in the move-out inspection. How can he make these claims regarding the "damage?" I can see him holding back on the security deposit for now, but cannot see how he can decide how to spend the oil money. Please let me know what you think.

Let's take this one step at a time. You should have insisted on a move in and move out inspection report to protect yourself. If you have not done this yet at your new place, do so immediately. These reports show the condition of the place before and after you move and can be used to prove or disprove damages.

Next, is he calculating a credit of $1044.72 for the oil left in your tank (that was not there when you moved in)? Is the tank full at move out, but was empty at move in? But he is now holding this money for other damages in the unit? Do I understand you correctly? Do you have a deposit in addition to this credit?

If so, let's move on to the next point. Have you received a deposit statement which itemizes damages from your deposit and/or credit? This should have been sent to you within 30 days of providing your forwarding address. Has more than 30 days elapsed (plus a few more for postal delivery time)? If so and you have not yet received this itemized list, send him a demand letter for your deposit and credit. Mail it certified, rrr, and keep a copy. If he doesn't respond within the next, say, 30 days, file against him in small claims for the deposit and credit.

If it has not been 30-35 days after move out, he still has time to send you that deposit statement. He has that much time legally to account for any deductions. Wait for it to arrive.

If you have this statement, please post what deductions are being made. We need to know the exact deductions for each item to see if they are warranted, or if he is charging for ordinary wear & tear. After 10 years, paint and carpet would have lived out their usueful life, so he can't charge to replace them. But he can charge to clean them if you left them dirty. (You must leave the unit in the same condition as you received it less normal wear & tear. Without a move in inspection, there is no way to prove how you recieved it and the LL will say the unit was clean.) Can you prove any pre-existing damages? Photos? Impartial witnesses? It will be pretty hard to find this evidence after 10 years. (That is why the move in inspection report is crucial.) Please post more information.

[Patrick]

The oil tank was empty upon moving in (he happend to be the previous tenant) and we had to pay to have it filled. He is not denying responsibility for this charge, but he has decided to apply that money towards the "damages." The security deposit was $550.00, the interest on this was calculated at $92.95 & the oil in the tank was calculated at $1044.72, for a grand total of $1687.67. The LL is claiming that he will need to have a professional cleaning crew come in & has provided an estimate from a service company. We moved out on August 1st and he had just mailed us this itemized list on Tuesday. The list is very vague (basically listing each room & a cost for cleaning) and the alleged charges will come to a grand total of $1768.61. Shame on us for not insisting on a move-in & move-out checklist to record the condition of the apartment. However, I still do not see how he can hold the money that is owed to us for the oil and, if he'd like, attempt to sue us for the difference between the cleaning charges and the security deposit. The fact is that the apartment was left in better shape than when we moved in, and the LL just happens to be a major pain in the a**. Thanks for your help.

Ask for a clarification on any cleaning charges that merely lists a room and a price. You need an itemized list of exactly what needs cleaned in each room to be able to understand why you are being charged this amount. Just stating "clean bath $150" isn't an itemized list. If he wrote "Clean tub, shower stall and doors from soap buildup and mildew, clean and sterilize dirty toilet, mop dirty floor, wipe down walls from dust, wipe out dusty shelves, wash toothpaste out of medicine cabinet, clean mirrors and window, 10 hours of work @ $15 per hour" that is itemized. What you have isn't an itemized list. Dispute it.

It is fine to have a cleaning crew come in to clean if they itemize exactly what had to be done so you can see what you didn't clean when you left. However, an estimate isn't good enough. An actual bill and statement should be sent after the work is completed.

I can't see any judge buying that it will cost over $1700 to clean an apartment. I could have a 4 bd house cleaned and painted for that amount.