Landlord charging for normal wear and tear?

[thegreens]

My question is:
How can I prove ***exactly*** what normal wear and tear is?

I had a 1 year lease, residing in FL. My roommate moved out at the end of our lease. I stayed in the apartment for 4 extra months, taking financial responsibility of the entire unit. The landlord forfeited their right to make a claim on her deposit because they passed the "due" date for a claim, and she was refunded 100% of her deposit. I however, knew that her bedroom was going to be a problem, because she hung pictures on the wall and there were a few scuffs on them as well. Upon leaving the apartment a week ago, I the landlord told me that I had only been living there for a year and a half, and that scuffs on the walls were not normal wear and tear, nor were the nail holes in the wall. The landlord and I have a pretty good relationship, and I asked her if I could retouch the spots she was concerned about, even though I believed it to be considered "normal wear and tear." She agreed to let me retouch the wall. She told me where she bought the paint. I went to the same store and I bought the same brand and color. She is now telling me that the paint touch ups in my roommates bedroom are not the same color as the rest of the house, although it is the color she told me to buy. When I spoke to my old roommate, she basically said, "sorry, I have my money, not my problem anymore." And my landlord is saying, "sorry, I know it sucks that you have to pay for your roommate, but it is not normal wear and tear." I can understand from the landlord's side. I took responsibility of the unit because I had to stay there for 4 extra months until I was able to move out, but I also did retouch, as requested of me. There has to be some kind of saving grace for me here. I don't want to take either of them to small claims court because I have way more important issues to deal with in my life, but I also need this money from my deposit to put food on the table for my family, and I can't afford to waste it. My old roommate doesn't want to pay for her bedroom because she already got away with it and my landlord doesnt want to get screwed over either. What should I do?

[goddessoflubboc]

You probably are going to need to go to court. As per your post you've been very reasonable and accomodating. Your ll will have to show what they spent the money on in court. Be sure to ask for filing fees, and any extra damages your state may allow.

This is between your ex-roommate and the landlord. The landlord has no business involving you or putting the responsibility on your shoulders.

If you want your deposit back, you're going to have to take the landlord to court over this. It was the landlord's responsibility to ensure the roommate left her space in good condition.

Once the roommate ended her lease and moved out, it was then the landlord's responsibility to enter and view the apartment to check for damages. The landlord did not do that. Tough luck for the landlord. It's her problem and she can eat it. It's not your money the landlord gets to keep.

If you need that money (and you're entitled to it anyway), you will have to take the landlord to court.

Once you get your judgment, (and it's highly likely you will, given the facts) the landlord is then free to sue the roommate if he/she wants to get any deposit money.

[Friend In Court]

I would have a painter look at the patch and paint job you did and I bet he could sand down the spots and match the paint for you for a trifle. Normal wear and tear usually means repainting after a year or two for any residential unit. Some walls clean and others just do not -- especially if the paint is flat. As a matter of fact there is very cheap $10/gallon paint that in the trade is referred to as "landlord paint" because it cannot be cleaned and landlords put it up so they can claim deposits. I bet a painter could match the paint and the cost would be far less than forfeiting your deposit.