Damages I don't feel responsible for

This is a discussion on Damages I don't feel responsible for within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; i moved out of my apartment. i knew my deposit would not cover all damages. i told the landlord to ...

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Old Nov 1st, 2009, 08:16 PM   #1
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Default Damages I don't feel responsible for

i moved out of my apartment. i knew my deposit would not cover all damages. i told the landlord to mail me a list of damages along with reciepts. he send me the list along with pictures of the damages. which was great because i was responsible for most everything in the pictures but then there are damages he listed and there are not pictures to support those damages. the bathroom would flood everytime it rained hard and me and my neighbors would have these huge water messes to clean up. i told him about the problem and all he said was thats weird. but now he wants me to replace the bathrrom floor and his reasong is water damage because i bent the shower head and got water behind the walls but once again no picutes to prove that and there wasn't any problems with the walls but i do have picutres where black mold began growing on the walls and the floor of the bathroom. landlord did nothing. he wants me to replace the carpets throughout the apartment for paint damage. i did paint two of the bedrooms because i had black mold growing on the wall. (the landlord was informed of this because he asked why i painted in the first place and i told him because the mold kept growing back). i don't recall making such a mess that the carpet needed replacing, again no pictures to support this claim either. i did inform him that in one of the bedrooms we had a hugh mold problem due to the water heater leaking and the water running into a closet the used for storage. we did not even notice the mold until we cleaned the storage closet out. mold was everywhere and then we noticed that the mold had grown throughout the entire bedroom until the rugs, toys that usually are stationed on the floors, under beds. everywhere. i told the landlord about this. he said he would come check. he checked the water heater and then told me he replaced a part and that the leak had stopped but he doesn't know how long it had been leaking. i told him about the mold that was a result from the leak and he said just make sure u don't get bleach on the carpet. another thing was the front door frame. someone had tried to break into our apartment at one time. we informed the landlord that it had looked like someone had tried to kick in our front door. his only answer was he offerd to change the locks. i declined. changing the locks does nothing if they are kicking the door. so the question is am i liable for the carpet and bathrrom even though he has not one picture support that damage?
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Old Nov 2nd, 2009, 08:43 AM   #2
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Default Re: Damages I don't feel responsible for

A few problems. First you say you "told" or "informed" the LL about a problem. Requests for repair or documentation of problems should be sent in writing, by certified mail, return receipt requested, and a copy kept for your records. This proves that you made a reporting of a problem so you cannot be charged for something that is not your fault, such as this. Did you give notice in writing? Did you report the flooding, the water heater leaking, the mold, in writing?

Next, only a few states require that receipts be sent to you with the deposit statement. Most require no receipts with the deposit statement. None require that photos be enclosed. You can ask for them. But the LL can withhold them until a court case if he wishes. He may have the photos and just did not send them all. He may not. You wouldn't know until court.

You can file a suit against the LL in small claims court for any overage you feel he charged you for. Before court, pull together all of your documentation that shows the LL knew about the problem, or that you reported there was a condition that could result in damages beyond your control. Get together any photos of damages, witnesses that saw the LL being informed, or any other documentation you have.
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