Landlord Saying We Owe More Than Deposit

Hi. I lived in a home for about 15 months, a year under lease and then month to month with no problems in getting rent in or with the landlord. I only signed a pet agreement for my cat and aquired a small 15 pound dog from an ill friend who was in the hospital. She was a puppy so of course peed on the carpet a few times while being trained. I put down a $750.00 deposit and a $250.00 deposit for the pet cat, totalling $1,000.00. I moved out about a month ago and my landlord had a fit. He pulled up the carpets and found a few pee stains on the pad underneath, and said it would be $2,500 to replace the carpet in a 800 SQ foot home. He took off $250 for being a year old and is also charging me $200 dollars for painting a room light blue, and then back to white with a few missed spots.

He kept the entire $1,000 deposit and is charging me 1,250 for the carpet after the deposit and also $200 for the painting so he is claiming we owe him $1,250. My question is I do not deny any of these things, the dog did pee a few times in the living room, but he never have me any chance to repair these things on my own. Painting or carpet and never gave me a list of things before he actually purchased them. Did he have to give me time to fix these things on my own before he charges me for them? He just called one day and said this is what it cost, you owe it. Also, did he have to replace the entire house with carpet if only 20 SQ was damaged?

I am in Missouri and I would appreciate any help.

[OHlandlord]

The carpet price does sound high. But I don't know where in the country you are, what the carpet prices are there, or what type of carpet was in the unit. You had an unauthorized dog in the unit. You were only authorized to have a cat. You must pay for any pet damage the dog did since the $250 was supposed to be for the cat. The LL has priced carpet at $2500 and has depreciated the new carpet by one tenth. That means he is using a 10 year depreciation schedule and has correctly depreciated the value of a one year old carpet. The IRS allows you to depreciate over a period of 5-10 years (with 7 being the average). He is using a 10 year schedule which is allowed. You could challenge this in court if you wish and make him provide proof that the carpet cost $2500 and that he does depreciate over 10 years by showing his tax schedule. If he only needed to replace one room of carpet, he should only charge for that room or that continuous area if it flows from one room to the next with no door or threshhold to stop at.

I assume you were not authorized in writing to paint that room. If not, he is permitted to charge you for re-painting the room to its original, neutral color. This too sounds high for just one room, but again, I don't know what painters charge there or how large of a room it was. Again, if you want, you may dispute these charges in court and have the LL provide proof of what the painters charged.

In most states the LL does not have to give you a chance to correct these problems on your own. Once you have given him back possession, that usually means you are done with your cleaning and repairs and it is then up to the LL to fininsh any work that is needed. If you had wanted to repaint this room, you should have returned it to its original color prior to returning the keys.

To do this, send a challenge letter to the LL disputing each charge on his list. Send this by CRRR mail and keep a copy. If he doesn't respond, he will no doubt file against you in small claims court. You then countersue for the amount that you believe you don't owe. The judge then figures out who is right.

LL's are not permitted to charge for their own labor in all states. I have a partial list of states where LLs may or may not charge for their own work. MO is a state where the LL can charge for his own labor. He can charge a reasononable amount for labor equal to or less than what a professional would charge. So he can charge no more than what a painter would charge to paint that room. Call around and get estimates from painting contractors for a room that size.

I am wondering if New Jersey is one of the states that allow LL's to charge for work they do themselves or if i can have a copy of that list.
Thank You
ojeal@hotmail.com

Originally Posted by Unregistered

I am wondering if New Jersey is one of the states that allow LL's to charge for work they do themselves or if i can have a copy of that list.
Thank You
ojeal@hotmail.com

ps i'm confused between LL's labor or work they do???

[OHlandlord]

NJ LLs may not charge for their own labor to clean or repair a unit according to LLs from that state who have reported this to me. I keep a record of other states where LLs have reported to me that they can or cannot charge for their own work (labor). I run a poll every few months on this as I am trying to develop a comprehensive list. This is one thing I never see included in LLing books, so I'd like to see tis included somewhere for others to see. So far, it has been reported to me that LLs in these states can charge for work they do to their own units: MO, OR, NC, IL, MI, AK, CA, KS, IN, NM, OH.

It has been reported to me that LLs in these states cannot charge for their own services: MA, NJ, PA, VA, CT, TX, WI.

Please note that this list may not be correct, since it is complied from other LL's reports. There may also be regional differences in some areas of a state that are different from other areas (one city may charge and in another city a LL may not charge). Please check your local laws before relying on this list.

And in reply to the last poster, when I refer to LL labor, I mean that this is work they do to a unit to clean or repair the unit in preparation to re-rent. This is intended to mean that they can or cannot deduct for their time on a statement of deductions from a tenant's security deposit. As always, the LL can always still deduct for any *materials* used to clean or repair, just not for an hourly charge for their work when state law disallows it.