Landlord Dispute

I moved out of a lease option home in Utah due to be job transferring to another state. Original lease stated that tenant was to provide "minimal landscaping". I landscaped over half the yard to include, sod, flower beds, irrigation, and decorative curbing. The deadline for the landscaping came and went without question.

Upon final inspection, landlord made a brief walk through of house and claimed everything looked great and wrote me a check for deposit and left.

He is now sending me notice that I have two days to make repairs to damage that he found after we left. He stopped payment on the deposit check and is demanding I make repairs to include full landscaping, replacement of full carpet, and other touch up type repairs in the home. He claims damage was caused after he left. I have witnesses to the fact that house was spotless and no damage occurred after walk through.

He is also claiming that house is inhabitable due to pet stain damages and smell. How can the house be inhabitable if new tenant is already moving in simply after carpet cleaning?

One last thing, All repairs that he has given me a timeframe to make, he has already had done before my timeframe is up and before I have acknowledged receipt of the notice. Which was today.

A LL in UT has 30 days to find damages and submit a security deposit statement to you to itemize deductions from the security deposit. Seems he was a little hasty to hand you a check at move out. Nearly all LLs wait and mail the deposit and statement to your forwarding address. Why did he inspect before you had moved out completely? LLs know that damages can be caused by moving men so they wait to inspect when the house is vacant.

The time to clean, fix damages, and correct any problems is before you move out, not after. The deadline to correct was before you moved.

You need to send a challenge letter to him to debate each item he says you owe for. If the lease said minimal landscaping, list what you already did and show that you met that requirement. You will owe for damages, but not wear & tear to the house. What "touch up" type repairs did he list? How long did you live there? And was the lease over or did you break it to move? (These 3 questions determine what you owe for and how much of each item you will owe.) You need to provide proof that you didn't owe for the item, or that you don't owe the amount stated for the item. Show why you don't owe that amount, but may owe a lesser amount (written estimates).

For instance, if the house looked clean upon leaving, but smelled of pets when closed up for a few hours, you can be charged for that. Carpets will need cleaned, or replaced if ruined by pet urine. You would be responsible for any enzyme cleaning that had to be done (written estimate of enzyme cleaning for xxx sq yds of carpet). If ruined, you would be responsible for only the depreciated value of the carpet (determined by how old the carpet was when you left and how much "life" was left in the carpets.)

Challenge each item on his list, send it to him by certified mail, return receipt requested, and keep a copy and the postcard that comes back. See what he says. Then sue in small claims court if no agreement can be reached.