Condo broken into, who pays damages?

[tiredofit]

Hello,

I hope someone can help me. It is long, so I will shorten it as best as I can and if you need more information I will provide it.

With that said, the condo I was renting was broken into in November. Two windows were completely broke and one of the blinds was irreparable. My daughter and I had to go live somewhere else because it took so long to get the windows fixed due to them being special windows and the landlord kept giving me the wrong number to the vendor.

Immediately after the break in, I gave 30 days notice to move as this scared both my daughter (she refused to enter, she is 2 and was in the room while the windows were being broken) and I. We were on month to month lease. He said this was fine and he also said that he would use my security deposit as the last months rent. We did not even stay in the condo for the last month because the windows were broken and did not get fixed until 32 days after the break in.

At this point my security deposit covered the last months rent and I paid $420 in new windows and moved out the correct time as I informed him later in December.

Now the landlord has been calling me saying I owe him for the blinds ($100 they were also damaged in the break in) and carpet cleaning ($100) and that he is taking me to court if I don't pay him ASAP.

However, other people that I work with are landlords and they are saying don't pay him as it was his responsibility to fix the windows as they were broken by people not invited by me on the property and since he didn't do it in a timely manner, there is some question that I might be able to be reimbursed for not being able to live in the condo for the last month. Apparently, you are supposed to get interest applied to your security deposit as well?

I'm not really interested in getting anything from the landlord, but would like to settle this amicably and would like to just move on. Can you please advise me what my responsibilities would be in this case?

Thank you.

[OHlandlord]

First, interest is not required to be paid on every deposit in every state. You would have to list your state before I could say if you were entitled to interest or not.

Did you have renter's insurance? They should have covered these damages (the carpet and blinds). I would not have charged you for the windows. This should have been covered by the home owner's rental insurance policy. You did nothing to have this crime committed. He should have paid for this unless you were having a party, it was a friend or invitee of yours, or some other reason that might make you responsible for the crime being committed. Likewise, the blinds should have been paid for in the same insurance claim.

You should have received a rent credit for the period of time when the unit was uninhabitable. You can't be expected to live in a unit with no windows or no way to secure the place. (Was it boarded over?) You should request a rent credit for all the days when the unit was not livable.

The carpet cleaning is questionable. You will claim the carpet needed cleaned due to the window being broken out. He will probably claim that they needed cleaned because of dirt. 50% chance this could go either way. So forgetting this part for now, I figure he should pay you the $420 for the windows he should have replaced, 32 days of rent credits, interest (possibly depending on your state law), plus the deposit (minus any other damages to the unit), and forget the blinds change. You may have to pay for carpet cleaning depending on his stance, the condition of the other carpets in the unit, and the requirements placed upon you through the lease (some require the tenant to clean carpets upon move out).

[tiredofit]

Thank you, OHLandlord. I live in Virginia and I did not have renters insurance. It was a big mistake and I have learned my lesson.

And, no I didn't invite this person and didn't have any kind of party. My daughter and I were just hanging out and watching tv when this happened.

The carpet was not damaged due to the break in. The landlord said because I had a cat that the carpet had to be cleaned. I do not dispute this, however since I paid for the windows and did not have a place to live for 32 days, I thought that it should even itself out.

I'm not even asking for the $420 or any kind of reimbursement for the time that we couldn't stay there, I just wanted it to go away. My former landlord is very elderly and I think maybe declining in mental capacity because we have this conversation several times, but then he calls me again two days later demanding payment or he is taking me to court.

[OHlandlord]

The LL does not have to pay interest unless he held your deposit and you lived in the unit for 13 continuous months, and then he should pay 1% below the federal reserve board's discount rate as of January 1st of each year.

If I were you I would sit down with the LL and tell him that you were not responsible for the windows and should have received a rent credit for the period when you could not live in the unit due to no window. Negotiate a deal with him to be even on the whole thing and get it in writing from him that you owe him no money for these things. Also get it in writing that he will return your whole deposit to you. Have him sign it. Getting it in writing will cover you in case he forgets again and does take you to court.

[tiredofit]

Yes, he held my deposit for more than 13 months.

Thank you so much for your advice. I wrote him a letter last night and included copies of the receipts.

Talking to him in person will be a challenge as I moved a bit aways and our schedules don't match up.

Thank you again.