From small claims to superior court

My ex-landlord is withholding security and claiming bogus damages. I filed in small claims, he got an atty who brought it to superior court. I am looking for $1683 and I just found out he is countering for $1800. I am willing to talk settlement, but the defendant is stubborn. Much less he declined my 2 written requests for a walk-thru and made upgrades to the unit with my money.. he purchased a new vanity for $560! Needless to say, the cost for me to hire an atty outweighs the $$ of the case, so I am going it alone. As a pro-se, I've done as best I could. I've listed where I stand below.

My question is: Am I waiting for the defendant's atty to respond to my Reply to his Answer,or can I go ahead and close the pleadings? Once I close the pleadings it will assigned for a pre-trail or conference in front of a judge to hopefully discuss a settlement. Can you give me a timeline in days when closing needs to be filed?

Any help would be appreciated!!


11/18/2008 D MOTION TO TRANSFER (from small claims to superior court)
RESULT: Granted 11/20/2008 BY THE CLERK (Defendant)


12/26/2008 D REQUEST TO REVISE (Defendant)


01/07/2009 P OBJECTION TO REQUEST TO REVISE RESULT: Sustained 6/15/2009 -(me)


07/07/2009 P MOTION FOR DEFAULT-FAILURE TO PLEAD RESULT: Granted 7/7/2009 BY THE CLERK (me)


07/08/2009 D ANSWER AND SPECIAL DEFENSE AND COUNTERCLAIM (defendant)


07/22/2009 D MOTION FOR EXTENSION OF TIME –
RESULT: Granted 8/3/2009 -Counterclaim Defendant (me)

08/20/2009 D REPLY TO SPECIAL DEFENSE AND ANSWER TOCOUNTERCLAIM- CounterClaim Defendant (me)

I'm sorry but we can't answer this for you. You didn't list your state so we don't know what the timelines are there. I suggest you call the clerk of court and ask her. She will know how long (or if) they must answer your claim, and when you can continue in court. It is more important to worry about the evidence to counter the LL's claims of damages. You will have to prove in court that there were no damages to the property and that the work claimed against your deposit wasn't your responsibility. Please list his itemization of charges and we can help you with that.

I am in CT. I've been to the Court Services Dept and called the Clerk's office many times only to hear "we cannot give you advice". No matter what I ask, or how I phrase it, I never get an answer.. I only get directed to the CT Practice HB, which I have read from cover to cover and never fully answers anything!

Damages are as follows: (I had a total of 3 people cleaning the 740 sq ft condo.. it was spotless)

Aug rent - $825 though . He had me on a 3 mo lease with a yr option.. started 4/1/08 ending 3/31/09 with notice to vacate by 6/1/08. I moved 7/31/08 and gave notice 6/11/08. He understood I was buying a home and needed at least 6 weeks for the closing. He declined my offer for a mo to mo or 6mo lease option. He also showed the unit many times with my permission.. I was very accomodating.

Carpet cleaning/overall cleaning - $205.53. I have a witness statement from the person who cleaned the carpet and the receipt from Home Depot for the professional carpet cleaner machine and shampoo.

Replace heat registers - $394.66. Heat worked perfectly since last used over the winter, plus it is baseboard... electric. This is not covered in my lease.

Replace bathroom vanity - $590.90. Vanity was orginal to the unit (1968). Vanity draw glide came unstapled from the wall. My dad fixed with some nails it worked good as new. Broke on 7/29, LL took his pics of broker drawer on 7/30, I fixed on 7/31.

Replace range buner bowels $14.80 - told the LL he could have this and only this.

Patched holes in walls - $100 - said I patched many, but some were left untouched.

Disposal of storage items.. rehanging of storage door. $200. Door was not broken but the dampness of the basement causes it to unhinge from time to time. Also, LL purchased the unit as is..I was there when he had his walk thru with the seller (my original LL) and he made no demands. My original LL will write a letter stating that those items belonging to the unit and upon selling become the new owners. There was metal shelving because the basement floors become flooded. I wasn't about to get rid of anything that wasn't mine.

He's also charging me for caulking the tub, cleaning the d/w filter and food deposits under the stove and d/w. Mind you... I had the opening under the d/w closed off with steel wool for 8 mos due to the mice that we coming in from underneath! And the LL was well aware of it. He told me to buy traps and didn't want to pay for them.. so I took it off the rent and he berated me for it!

Total: 2,715.89
less my sec deposit: $1,683.31
Balance he is staing that is owed: $1,032.58

I tried to be the best tenant I could. This isn't my fist time renting.. but it will be my last, since i am a happy homeowner! I even made time to sign a petition for him one day because he needed my vote for town position he was running for. That was wayyyy before all of this!

Thanks!

You had to give notice to vacate by the 1st. You didn't give notice until the 11th. You owe the rent for failure to give notice as specified. It doesn't matter what your reason was (buying a house). You had to give notice as required.

Those rental machines are notoriously ineffective. They are not professional machines. Carpets need to be cleaned using a professional service that uses a steam truck. Ask any carpet professional. Those machines you rent don't have the temperatures required or the power necessary to suck the stuff out of carpet. They only clean the top of it. In addition, if you had pets, enzyme cleaners need to be used to remove pet odors that will return later.

I'm not sure what the heat register charge is for. Did you have pets? If you had electric baseboards and a pet that urinated on one, it would probably have to be replaced. There is no way to clean the tiny vents. Otherwise, I can't figure out this charge.

I don't understand the vanity charge either. Was the vanity warped inside or on top from water damages? When did you return the keys? When was this "damage" found? After that?

You owe for the burner pans (liners) if they were uncleanable.

You owe the charges to patch holes if you put them in the walls. Holes are damages and you must repair all of them. You said, "...but some were left untouched".

Of course, you don't owe for removal of the prior owner's stored items. You need to tell the LL where these items came from. He must have thought they were yours.

If the tub caulk was mildewed (failure to clean) and it was clean when he bought the place, he can charge you.

The DW filter sounds like normal maintenance unless you washed something with paper labels. If you did, he could charge you since the paper would wash off and clog the filter.

Yes, you needed to clean the floor everywhere. Including behind and under the appliances unless they are permanently fastened so you can't access those areas. Since you only stuffed steel wool in there, you should have removed it and cleaned.

Who was responsible for pest control would depend on what type of unit you rented. If in a multiple family building, this would have been the owner's responsibility. If it was a single family house, it may have been yours since only you would be responsible for pests in the house.

Based on this, you don't owe $1185.66 of the total he is charging you with. He owes you at least $152.98 back. Maybe more since I don't know how much he charged for the DW filter or caulking.

Write him a letter contesting each charge and why you either don't owe for that charge, or why you don't owe that amount. Send it to him by certified mail, return receipt requested, and keep a copy of it. Ask that he respond within 10 days. If you can't negotiate this, your only option is to file in small claims court against him. This will not meet the level of superior court. (You are wasting your time there.) And there is no limit in CT on small claims cases that involve the deposit. Go back to small claims court. That is where this case belongs.

Thanks for the reply. I filed in Small claims. He lawyered up and they pushed it to superior court, hence my issue with all these petty damage claims. Something that should have taken one day in SC has now been on the docket for over a year!

I don't have pets and I am a non-smoker, so there were no stains or oders left behind. All the LL had to do was paint the walls (which is typical when renting a unit) and give the bathroom a very professional cleaning since that is the most personal of spaces. My issue is that most LL's want to upgrade their units for a quicker rent or sale on the tenant's dime! Or have it move in ready and not lift a finger to take care of their own property.

11 days past due notice to vacate does not constitute withholding the entire month rent thereafter. The LL has an obligation to find a tenant in a reasonable time.. and I did give him 7 weeks of notice and he showed the unit 5 times. So, I am willing to offer him the 2 weeks of the following month's rent. He has a new tenant as of 8/14.

I disagree, the carpets machines are professional quality and do a great job. Now, if your LL states in the lease "you must have it cleaned by a professional carpet cleaning company", then I would agree with you. But if your lease merely states "you must have it professionally cleaned', then a cleaning machine from your local Home Depot should suffice.

Heat registers leave some small black smuges on the bottom of the walls, if you put a piece of furniture in front of it. He is claiming they were broken and that he wiped down the walls. Painting the walls, which he is responsible for, would have taken care of that.

I left the keys for him inside the unit on my last day of vacancy.. I wrote and asked about my walk-thru, left a message..no repsonse.

He is claiming that holes were not patched. I patched all holes and a can of spackle certainly doesn't cost $100.

Caulking of the tub and the new vanity are both cosmetic. Both items were in working condition when I left.

I told him I would give him $14.50 for the burner pans. The only item I didn't check on my way out.

D/W filter is ridiculous. D/W was in working order when I left.

Can't lift appliances to clean underneath, especially if mice live there. Never had any other LL ask that of a tenant. Another bogus claim.

I will see him at the pre-trial where a settlement may be reached.

Thanks for the advice!

I am facing a similar situation. Reading this has been very helpful!!

I'm sorry, but those 11 days of notice that you were late do require you to pay another month of rent. You aren't renting by the day as in a hotel and you can't just pay for the extra days. Rent is collected by the month on the 1st. This is a residential rental. Notices are due by the 1st or they don't take effect until the 1st of the next month (thereby giving him only one month of notice.) You would owe for that month. This is standard procedure and law in most states. However, if a new tenant is found in that time and takes occupancy, he can charge you only for the period it is vacant.

Painting is done normally about every 3 years in residential rentals, not between every tenant. (I wish they'd paint that often.) If someone left walls that needed painted sooner than that amount of time, they can be charged. If they lived there that long, or it had been that long between paintings, he shouldn't be charged. If you left holes in the walls that required him to repaint when he otherwise wouldn't have had to do so, it is damages and you can be charged. (Every lease I ever had has said you have to repair all your holes.) You can't paint over dirt. It has to be washed off before painting can take place (or you just get dirty paint.) The materials aren't what costs so much. It's the labor. Drywall repairs are labor intensive. Apply the material, let it dry, come back and sand, wipe dust off, trim and paint... Landlords in many states can charge you for their labor time to do repairs that you leave. Cosmetic items count too. If the tub had clean caulking when he bought the place, you must return it with clean caulking. Leaving mildew is a damage. (It means you didn't clean it regularly.) If you got the place clean, you need to return it in clean condition.

If you received a unit in move in condition, you must return it in the same condition as you received it. It's not a mater of a LL not lifting a finger, it is required that you return it in the same condition less wear & tear. Failing to clean is not wear & tear. W&T is curtains or blinds faded from the sun, the wear pattern that develops in the carpet, things that result from normal use of the item in a reasonable and careful manner. Not from failing to clean these.

I have used every carpet cleaner on the market. (Kids and pets.) They do a terrible job. They don't have the horsepower to pull that water back out and always leave the carpets much wetter than a professional would. (Time how long it take a professionally cleaned carpet to dry, vs, one of those machines. Much longer!) They don't use hot enough steam to actually clean it, only water. They just don't work well enough. Oh, it looks clean when you finish, but any dirt soon comes right back to the surface again. Wish I could find one that worked as well as a professional. I'd save myself a lot of money!

You seem pretty responsible. So I assume you notified him that the keys were left for him inside the unit? If he didn't know they were there. that extends the time he has to complete your itemized statement. (The time doesn't start until he gets possession back. If he doesn't know he has possession... well, you get the idea of the argument in court.)

I figure you'll get some of the deposit back. But don't expect to get all but $14 back.

Thanks for your reply.. and I am gald this is helping others out there!! Please remember the LL purchased the unit mid tenancy as is.. so he is not aware of the original condition just how it looked upon purchase.

I think you misundertood my tenancy:

I was supposed to give notice on 6/1 (LL wanted me out by 6/30), I gave notice on 6/11 and stayed until 7/31..paying for June and July. The LL is trying to make me pay for Aug. So, I really did not stay an extra 11 days in any said month. And he had a tenant in there as of Aug 14, so his double dipping because he held my security for rent and getting rent from his new tenant.

As for the painting, I rented the unit for 4 years so painting was a must! You simply prime over any small smudges.. washing only makes for a muddy wall especially if you have a flat based paint.

As for the caulking.. it is not under the lease and not necessary for the actual use of the tub/shower. After 4 yrs of wear and tear, nothing will look like when I moved in.

Curtains? Who has a LL that provides those? Sorry to hear about your dealings with carpet cleaners, but Home Depot prod was excellent and sucked out all the dirt in the carpet. Plus, having no kids, pets and being a non-smoker the carpet was in awesome shape!

As for the keys, I always leave them in any unit I vacate giving a time and date that I would be out. If you don't leave the keys you could be in bigger trouble than you think..The LL will use the fact that you still we in possession of these items after the offical vacating date. I believe it could work for and against you!

Until LL's are not allowed to hold secuirty monies and a 3rd party gets involved, tenants will always get screwed and atty's will always make $$$.

I also think LL's expect the tenant to make the place move in ready for their next tenant and that is simply not true or fair. NO matter if you are moving into a rental or just purchased a new home there will always be cleaning and fixing to do to some degree. You simply cannot blame it on the last person or withold money for it!

Thanks for all the responses!

If your lease required you to give 30 days notice and you were 11 days late in giving notice, I'm sorry but the landlord is in the right.

I didn't say he had knowledge of pre-tenancy. I said it was compared to the condition which he saw the unit when he purchased it. You did say he viewed and inspected it upon purchase.

You do not simply paint over dirt. That only makes dirty paint. The dirt just blend with the paint (since paint is water based, it simply dissolves the dirt into the paint.) You wash dirt off first, then prime and paint.

You would owe for July and August as notice months (60 days notice). Your notice in mid June took effect July 1st. Since a new tenant took over August 14th, you would owe for the 2 weeks in August.

Caulking is necessary. Cosmetic issues, if attributed to the tenant, are damages. Dirty walls are only cosmetic, as are stained carpets, Both are considered to be damages.

My LL provided curtains and blinds in all rooms. Those are examples of wear & tear as per a law book. I've tried the Home Depot cleane (and Lowes, all the grocery store ones, and even those in the paint places.) None are as good as a professional by a long shot!

Yes, you need to leave the keys. But you also have to let him know the keys are there. Just because tenants are scheduled to be out doesn't always mean we are on time. (I've had to take an extra day or two on occasion.) You have to notify him that you are out and the keys are there. If he doesn't know, that extends his time limit by the length of time until he is informed or until he posts notice to enter and inspects. You did call and tell him they were there, right?

The place I'm living in now was absolutely spotless when I moved in. Every cabinet had been washed, carpets cleaned, windows and curtains cleaned. It couldn't have been any cleaner. My LL expects me to leave it that way when I move out if I expect no deductions from my deposit and told me so at move in. I will leave it just as clean when I go.