State Specific Question About: TEXAS (TX)

Hi,

My landlord is trying to charge me almost $1000 for a stain on the laminate countertops of my rental house. I never saw the stain, he just sent me a picture of it and said he couldn't clean it. I told him I would try, but didn't have the chance - my lease ended 10/31 and I was out of town, and went to clean it on 11/1 and it was already leased to a new person!

I just got a bill for $1000 - which he must have done while the home was still in my name, and the rent was paid for!

IF I contributed to a stain, I will pay my fair share, but I don't believe that I should pay for his whole kitchen to get refinished, especially since it was cheap, ugly laminate that was already in disrepair and was over 15 years old!

Please let me know your thoughts....

Hi Joann! This is primary a forum for landlords to discuss things, so you may be better off trying to find a site more geared toward tenants instead. Just to warn you a bit up front.

That being said, just because we're landlords doesn't mean that we think you should be treated unfairly either, of course!

Without knowing both sides of things, it is often hard to tell what is really going on. But, I will say this to you... You returned possession (i.e. gave back the keys) at the end of October -- is that correct? Had you paid a security deposit for the place? Did you get that deposit back in full? Or did the landlord deduct for this or any other damages from that deposit?

The reason I ask is this: in general, the landlord has 30 days to claim damages against the security deposit. They have to return it to you in full -- or, if not in full, then with a list of the damages deducted from it. Since we are past the 30 days, I am curious exactly when you returned possession, when you were notified of this $1000 charge, and how much of a security deposit you got back after moving out (and when).

Is the bill just from him? Or is it from a company that replaced the countertops? Does it include a receipt or any documentation to get to the $1000? (Is it exactly $1000 or is it some other number close to that and you just said $1000 even to keep it simple?)

How long were you in the place? Do you remember the stain or agreed that it appears to have been caused while you were there?

- John...

Typo -- I meant to say "PRIMARILY a forum for landlords", not "primary", of course.

- John...

Joann - you will likely find more sympathy for your situation at a tenant site. This site is for landlords.

Since you asked though, once you move out or as it is known in the business, surrender possession, then the landlord can enter, do repairs, and even re-rent the place without notice. So yes the work was probably done on the 31st, or before. The landlord would be within their rights to do so. The statement that "the home was still in your name" is not a legal term. When you surrender possession you give up the rights to the property that you had paid for. Essentially you paid for more than you used. It's a bit like returning a rental car and the rental car company charges you for a full tank of gas even though it had 1/4 of a tank.

Hi,

I paid rent through 10/31. I lived there over 2 years and was NEVER late on my rent. During the month of October, I wasn't living there, I was just moving stuff out and cleaning things up, at my own leisure. During October, he asked if he could go and have a look around, and I told him sure, but that it wasn't cleaned up yet, that we still had stuff all over, as we were moving out... He said no problem. I actually even have a voicemail from him stating that the house was in great condition and that I would be getting my full deposit back.

Coincidentally, someone actually broke into the home in October, and he called and let me know, and I went to the house, tried to secure it... noticed the few things that were stolen, but it was no big deal, as most of our stuff had already been moved out. Anyway, apparently he kept going into the home and "fixing" things, patching up stuff... mowed my yard... I didn't ask him to do any of this, I didn't even know he was there. I knew he was going to fix the broken window, from the break-in, but not anything else. I did tell him that I was just going to hire someone to shampoo the carpets, because I was going to be out of town and hadn't gotten around to it yet. He hired a company - and I agreed to pay $250...

Apparently he took the rest of October, while I was paying the rent an utilities, to "make ready" the home for his next tenant... that started 11/1! I had some stuff in the garage that I had intended to pick up on 11/1, when I got back in town, and the house was all locked up and the keys had been changed. I called him and he said he had a new renter already.

Anyway, I called him the other day and asked about my deposit (I had given him a forwarding address) and he said it was all gone... between the yard he mowed, the hole he patched and the countertops he replaced, due to a "burn" that I never saw with my eye, and the picture he sent me just looked like the same crappy laminate as it was when I lived there...

He DID send me a certified letter - basically telling me I now owe him MORE money!

It's insane! The laminate was old and gross, the caulking was only half there - and the "burn" just looked like a stain to me... either way, he made all these changes BEFORE my lease was even up and charged me for it all!

I't occurs to me that everyone wants to be treated fairly... or to 'treat others as you'd want to be treated'

So as a group .. on this site and others.. there are lots of opinions and perhaps this is a opportunity to help

Joann.. and thus maybe by our actions.. we can lessen the 'burden' of our complaining about tenants actions..

and simply speak to her... and a tenant. She asks a fair question..

Joanne, of course like belly buttons, every owner or LL is different.. just like everyone we meet is different ..

I'd like to think as a group we would help however there are some details missing as pointed out earlier..

Be brave, and post the details..

the grumpy LL.. we will tickle till they stop being grumpy..

Last day was 10/31 right?

Most states have 30 days to account for the deposit funds, look up

Texas law.. and learn..

Typically.. if it were before a judge they would pro rate the provable damage.. that is why you were asked was it noted on move in.

proration would take the whole value and reduce it by the number of years since it was installed.. not to zero of course..

Some judges would say that is just wear and tear after so many years.. say 10.. again each situation may be different...

Let me suggest ... in order to help you understand and us perhaps to learn and be of help.

repost the answers..

talk to the LL.. see how he figures you are totally responsible .. or what the 1000 covers..

Please let us know

Joann: First, note that you were warned this is a landlord site -- so try not to get upset when people ask you some questions.

Second, I asked for some more specific details. You answered some, but I asked specific ones because it matters. It sounds like you had the place through October 31st, correct? Both you and the landlord seem to agree to that -- since he had someone in on November 1st, correct? I asked if you got written documentation concerning your deposit. Did you ever get that? You stated that you CALLED about it and you were told that it was all gone. Exactly when did you call?

You then got a certified letter saying that you owe more money, correct? Exactly WHEN did you get that?

Based on what you've said so far, I don't believe that he followed proper procedure for keeping your security deposit.

I'm not going to say much else beyond that -- again, since this is a site intended for landlords and we don't know the other side of the story. But, if that IS the case, like I am assuming, then you may have some legal recourse. I recommend you talk to an attorney if you want to follow up on that.

Good luck!

- John...

P.S. The landlord did nothing wrong with renting to someone else on November 1st. That's how it is SUPPOSED to work if you have it until October 31st. Therefore, you complaining about having trouble picking up your stuff on November 1st is not fair to the landlord. You are in the wrong in that situation -- you would no longer have any right to be on the property at that time. Through October 31st, yes -- but complaining about people being there on November 1st and that being a problem for you isn't right. It wasn't your place to be at (or even pick things up from the garage) after October 31st. Him changing the locks was completely appropriate and proper as of the end of October 31st.

Ok, just so you know, 98% of the rent paid to me is "NEVER late." That is the expectation and my tenants are doing me NO favor by paying on time. It's their responsibility and if they don't hold up their end of the bargain, it costs them.

Sounds like the transition (surrendering of possession is a bit murky. Sounds like communication was not what it could have been. Not sure why you would expect the landlord to mow the lawn for free.

I see absolutely no reason a landlord can not "make ready" a unit that is not occupied, that the tenants are not living there, and who have given permission to enter. You were just storing a few belongings you did't care too much about. If he has a lease like mine, and it sound like he does, the damage from the burglary would have been paid for by the tenant (you). That is actually pretty standard language. Just in case you cry foul, we (landlords) can't know if the someone who broke in was you (lost your keys), your hateful ex-BF/GF, an acquaintance who knew you were out of town, or a bonafied thief. While you are leasing the property, you are responsible to prevent it from being damaged (broken window, stained/burned counter top). Landlord takes care of routine maintenance and repairs for things that wear out like furnaces and AC units.

Without knowing both sides of things, it is often hard to tell what is really going on. But, I will say this to you... You returned possession (i.e. gave back the keys) at the end of October -- is that correct? Had you paid a security deposit for the place? Did you get that deposit back in full? Or did the landlord deduct for this or any other damages from that deposit?

I paid a security deposit, and he kept it all. The itemization, was just something he wrote up - NOT from a company. He deducted the carpet (which I agreed to) and then mowing (which I would have done myself), the wall (which I would have done myself) and the countertop (which I don't agree to at all - if there is a small stain, I will gladly pay for it - but NOT the entire kitchen.

The reason I ask is this: in general, the landlord has 30 days to claim damages against the security deposit. They have to return it to you in full -- or, if not in full, then with a list of the damages deducted from it. Since we are past the 30 days, I am curious exactly when you returned possession, when you were notified of this $1000 charge, and how much of a security deposit you got back after moving out (and when).

He actually told me on the phone, and via a voicemail, that I would be getting my full deposit back. Later on, when I told him I would just have the crapet cleaned - he said he would hire someone and I agreed to pay for $250 - to just take it out of my security deposit. He made no mention of anything else. on the 10/30 he mentioned the countertop - I told him I didn't know what he was talking about. He sent me photo from his phone, and it didn't look like anything to me, but the ugly laminate that was there.... It certainly didn't look like a "burn" as he stated in my certified letter...

Is the bill just from him? Or is it from a company that replaced the countertops? Does it include a receipt or any documentation to get to the $1000? (Is it exactly $1000 or is it some other number close to that and you just said $1000 even to keep it simple?)

There was no bill, he just wrote some numbers in a letter and sent it to me by certified mail, including the things he "fixed" while I was still under lease, and before I had a chance to do them myself. I didn't even know he DID things until mid-October, when I went by to help my daughter move stuff out. I had actually paid my daughter to pack up the house, so I wasn't there watching what was going on, and she didn't notice what he had done.....

How long were you in the place? Do you remember the stain or agreed that it appears to have been caused while you were there?

If she returned possession on October 31st and the only bill she got was the certified letter saying she owes more money -- and it came in DECEMBER, then I don't see that he has met the 30-day requirement for Texas. Are you seeing it differently, BillS?

Of course, I am assuming on some dates there -- that is why I asked Joann for clarification, of course.

- John...

Ignore my last post -- it was posted at the same time as yours and I hadn't seen yours yet.

However, you didn't answer the most important question, so I'm going to ask it very simply:

On what date did you receive something in the mail from him (you said you got a letter via certified mail with the numbers listed) concerning the damage, that your security deposit was used for those damages, and that you owed more money?

You've just got ONE thing in the mail from him after moving out, correct? Exactly what date did you receive it?

- John...

Ok, well, that's a completely different argument though. I was hoping, for your sake, that he had not followed the proper guidelines. That would make it much easier for you than having to argue about specific damage and costs to remedy that, of course.

Sorry that I couldn't help you more. At this point, if you want to fight it or disagree with the amounts, you're likely looking at arguing in front of a judge/magistrate about what damage was done and how much is reasonable to charge for it.

- John...

OK,

I stated I paid my rent on-time each month, because I know that I forfeit some rights if I don't.

I did NOT surrender the home, I had ALL of my stuff in that home. I just had been living with my boyfriend... and kept my rental "just in case". I actually hadn't lived there in about a year, and the landlord KNEW this. At some point, my daughter moved in - with the landlord's permission, just so the house wouldn't sit empty. I paid cable, electric, water and RENT - to keep my fully furnished home there for me... just in case my boyfriend and I didn't work out. Luckily I had the luxury of being able to afford to pay for a home that I didn't actually live in... just visited...

So, I gave him permission TWICE: Once to look at the house to get an idea what shape it was in. He said it looked great, pretty much just the way it was when I loved in. The second time, was to repair the broken window, from when it was broken in. Ironically, HE stated to me that HE believes his ex-wife broke into the house! He stated that she was angry at him for NOT raising the rent on me, and that she has drug issues and blah blah blah... but that his ex-wife fit the description of the burglar, and he was sure it was her. He also apologized profusely for this... This just so happened to after the weekend that we made the "big move" taking most of my big belongings out of the house - we still had plenty of stuff there - but we wanted to go through it first, and not just move "junk".

I paid for the month of rent, and told him that I would be fully out by 10/31, and he agreed to that. So he did NOT have carte blanche to go into my home. I also did NOT ask him to mow the yard or fix ANYTHING. Those were things I was going to be doing myself, throughout the month... he just so happened to decide to do it himself. If he had ASKED me, and told me he was going to CHARGE me, I ABSOLUTELY would have said "No thank you, I've got it covered - it will be done by 10/31". And who know, maybe I would have said "Sure, how much will you be removing from my security deposit to do so?" - I wasn't given the option to decide for myself - he made the decision for me....

Life is not fair.

i suppose you never complained about the stains, caulk or counter top while you lived there?

I personally think... he just wanted to find a way to keep money that he had probably spent.

I have his voicemail and plenty of texts frm him stating that the house was in great shape and I would be getting a full refund.... Minuse the carpet cleaning, which I told him I would do, but didn't get around to, so had someone professionally do it - someone he chose.

You need to look at your lease. Many leases don't allow tenants to do their own repairs so arguing the Landlord did them "before I had a chance to do them myself" likely does not have merit.

It sounds like your landlord knows and followed the law and it was you that does not fully understand the lease and landlord/tenant law.

I do agree with John that you are likely at the place where you negotiate the countertop costs with a judge.

I am NOT paying him a penny. And I am going to take him to small claims court.

I know a few things:

1. He stated the property was in great condition early October

2. He kept entering my property without my consent, throughout October

3. For all I know HE created whatever stain or burn there was, I never saw it with my own eyes

4. I have pictures of the house, when I lived there, and while it was being emptied out, as my daughter took pictures to show her progress every day... I never saw this "stain" he is speaking of

5. Since I lived there, he had to repair the hot water heater twice, the garage door broke twice, there was an ant infestation when I first moved in... The A/C had to be repaired.... he told me there was an infestation of squirrels or something in the attic... My fence blew down TWICE... HE caught his house on fire while HE lived there!! His house had PLENTY of issues that had NOTHING to do with me.

6. His ex-wife broke into the house, when I lived there!!

7. I'm not going to let myself get taken advantage of, when I know I did nothing wrong.

8. I was his first-ever tenant...

9. He has an ex-wife bleeding him dry.... and he needs money.... He told me this himself...

I was a good tenant. If anything was ever wrong, I immediately called him and reported the incident. I made myself available for any repairs, and I took all precautions with his home. I took good care of it.

Based on what you have said, there are 3 charges against your deposit.

1. The carpet cleaning which you agree to.

2. The lawn mowing. You say you would have mowed the grass, but were out of town. In any case, you did not mow the grass and your landlord did. Whether mid-month or on the 31st when your lease was up, it was before you were back in town and able to do this yourself. He can charge you a reasonable amount to do this task.

3. The counter top. You are unaware whether or not there was a burn and you think the amount you were charged is too much. He seems to have a photo showing the damage and you admit your daughter, not you, was living in the unit for about a year before the end of the lease, so it is possible you would not have seen the damage. $1k sounds about right for a counter top, some places require the amount to be reduced based on the age, but some places allow a landlord to charge for whatever cost is incurred to bring the unit back to move in condition.

1. The carpet I agreed to

2. The yard, I would have done myself - in fact ,y daughter was scheduled to do that... He just beat her to the punch. I didn't ASK him to do so, nor did I want him to do so. I really wanted to be left alone doing my packing up, at my own rate, until 10/31.

3. I NEVER saw that "whatever" on the countertop. My daughter NEVER saw that on the countertop... The picture he showed me just looked like there was something spilled on the countertop...

4. I was a paying tenant, until 10/31. I gave him notice that I would be out by 10/31 and paid the rent and utilities until 10/31. I don't see any reason he had being in my home, until 11/01. I didn't ask him to go in there, I didn't authorize him to go in there - other than once to get a look at the place, and second, to fix the broken window.

5. I have NO IDEA how many times he entered the house.... I didn't give him permission to do so, and as far as I was concerned, it was my address until 10/31. After that date, he could do whatever he wanted. But since I never saw that damage, my daughter never saw it, and its not in any of the photos that I have... I can only assume, HE damaged it himself, while doing whatever he was doing in there.

I appreciate all of your comments, and thank you for allowing me to vent. But I know that I did nothing wrong. I was a model tenant and did nothing wrong. He has never had to return a deposit, and I know he went through an ugly divorce... and probably just doesn't have the money to give back to me...

Possibly, if he had approached me differently, it wouldn't be this ugly... but now it is... and I'll pursue my own rights. I think a Judge will listen kindly to a professional woman, with her ducks in a row... with pictures, with texts, with voicemail... and with a very clean record.... probably over the newby landlord that is having financial woes with his ex-wife.. who managed to set his own house on fire when he lived there.... I didn't learn that until I lived there a few months... a neighbor across the street told me...

As you said, Joann, take him to small claims court. You have a strong case against him.

State your case simply and factually. Leave out drama and endless details. Be professional and prepared. Bring copies of your lease, move out letters, photos, voice mails, etc.

be sure to tell the judge:

9. He has an ex-wife bleeding him dry.... and he needs money.... He told me this himself..

1. Irrelevant

2. Irrelevant

3. Good luck with that one.

4. Only relevant if you have a picture of the countertop.

5. Irrelevant

6. Irrelevant

7. Ummm...ok

8. Irrelevant

Seems this shows how important good communication is.

I have houses that finish one rental on the 30th and start a new rental on the first. I do it all the time.

I absolutely hate when people assume they can leave things at the property and return at their leisure. In fact, I would go so far as to say they don't assume it, they simply don't think about it and just do it. Me me, me, and me. That is who they think of.

Guess what I do, Nothing. I deal with it, I try to help them get it off the property. I apologize to my new tenants. I accept that people are crappy that way.

I don't buy the grand for the counter top stain. I use Granite counter tops in my shacks and most of them cost less than two grand. I ordered a piece for a place in CT tonight that will cost me a couple hundred bucks. As mentioned above, simply ask for some documentation and receipts.

If your grass was cut, sounds to me it was too high. I don't believe you had any choice in the matter in that the city or county can and will dictate to the property owner what he or she will do. If I cut your grass, I cut it because it was left uncut.

Your daughter getting around to it is nice but when code enforcement is on the prowl, nice is not the same as completed.

Good or great condition at the beginning of the month is too early. Walk through inspections are typically performed a few days before a tenant moves (which is stupid in that the place is full and can't be inspected) or within a number of days from when a tenant moves out. Almost a month ahead of time is too soon - as are any comments like "your are going to get your full security back"

I accept a hell of a lot of wear and tear and don't bother my teni with holding back their security deposits.

I also would not want a home that is used for just storage. It invites robberies. Not may cup of tea. I'm not surprised somebody broke in.

Too bad you want to go to court. What a waste of energy that will prove to be. I hope the landlord returns some of your deposit if it has been held improperly.

It sounds as if the landlord is charging for replacement cost for the countertop. If it is a large kitchen $1000 for laminate would be reasonable in my area. (Just did a kitchen for about $850 for the countertop itself, mid range laminate). If they got certain edge finishes it would add more, plus the cost of installation. I think that most judges probably are not going to give the landlord full replacement on 15 year old countertop, if it was 15 years old.

If your daughter was living there for the last year and you have not been there using the countertop you might not notice a stain, especially if there were something sitting on it. It can also sometimes be difficult to take a decent photo of this type of damage.

I think your increasingly vigorous protestations that you are not to blame and the landlord is completely in the wrong in more and more areas decreases the validity of your argument. "Thou doth protest too much."

This IS a landlord site. You were warned by several early posters.

Joann (Tx). The landlord had NO RIGHT to enter YOUR rental while you still had possession up to OCT. 31st.

I don't care what other landlords have said here.

You did not give up possession until Oct. 31st. Having paid utilities up until the 31st also proves that he had no right to be there. You did not abandon the property.

The landlord cannot go into the rental until AFTER OCT. 31ST - not on or before that date just because he knew you would not be there. And just because he wanted to get a head start on getting the rental ready for the next person.

So I agree with you. The landlord should not have been cleaning and fixing things in your apartment until AFTER OCT. 31st just as if you had actually been living there.

You were right to contact our landlord group - as what better answers than other landlords giving their opinion on what is proper and fair treatment that we, as good and upstanding landlords know is proper law abiding landlord conduct.

The 30 day itemized accounting should have included invoices for services - such as a rug cleaning company and repair or replacement of the countertop and also pictures of damages. He had no right to mow the lawn (unless it was overgrown and probably would have been cited by the town for blight)

Follow though. Let us know if you are successful in Small Claims Court. Seems as though you have plenty of evidence of his deceit.

The fact that he and others had unauthorized access to the home raises doubts on who may have caused damage, if in fact there was damage.

Hello Joann.

If this helps ,I'll offer my perspective from reading all your posts, 36 years of dealing with such situations, and having been to landlord/tenant court over 1,000 times:

Kyle's answer is absolutely correct.

I'm sensing your communication was casual. This leads to misunderstandings.

And know that "he said/she said" is worthless in court. No matter what was "said" the court must use the law. The court will only review information which can be proven.

My judge hates verbal arguing about who said what.

With my court experience, let me tell how my judge would probably rule if you sue the landlord:

-you gave back possession on 10/31. This case is about the condition of the home on THAT date. Your testimony about "planned" to come back and do more cleaning proves it was not cleaned and totally empty.

(Me? If I had a nickel for every time someone told me they would come back later to clean but never showed, I'd be rich!)

-you were the leasee and accepted responsibility for the home. You testify you were not present and in fact let a non-leasee live there. You do not know what that person did in the home, what guests may have come and gone, or the condition she left it.

(Me? I advise ANYONE to take plenty of move out pictures to prove you cleaned)

-the landlord's entry while unoccupied? irrelevant.

-if the landlord has photos of the damage, MY court allows the landlord to charge full replacement cost, no matter the age.

-The leasee is responsible for everything up to 10/31, including damage from the break in.

Court Summary: If I were the judge I would rule in favor of the landlord, total the cleaning and repair costs, deduct your deposit amount, then ADD the court filing fees (mine are very low at $93) plus the winning party's (landlord's) attorney fees (my atty is $250 /hour, 2 hour minimum for court).

My personal suggestion to help you get past this:

1. Everything is negotiable.

Work out a lower figure. Ask to see the actual photos and actual bills. (yes he can charge for HIS time)

2. Avoid court at all costs, both him suing you for non-payment and you suing him for overcharging. The attys are the only ones who will make any money here.

Make this go away for your own sanity. Maybe get the daughter to help pay - she will probably not admit to making any damage but she WAS THERE.

Please try to find a way to look at the situation and apply the law, not just react to what you THINK should happen.

Sorry CTLL but you are incorrect...

The standard Texas Apartment Association (TAA) lease allows entry into your home when you are not there for any of these things:

* responding to your request * making repairs or replacements * estimating repair or refurbishing costs * performing pest control or doing preventive maintenance * changing filters * testing or replacing smoke detector batteries * retrieving unreturned tools, equipment, or appliances * preventing waste of utilities * exercising a contractual lien * leaving notices * delivering, installing, reconnecting, or replacing appliances, furniture, equipment, or security devices * removing or rekeying unauthorized security devices * removing unauthorized window coverings * stopping excessive noise * removing health or safety hazards (including hazardous materials), or items prohibited under our rules * removing perishable foodstuffs if your electricity is disconnected * removing unauthorized animals * cutting off electricity according to statute * retrieving property owned or leased by former residents * inspecting when immediate danger to person or property is reasonably suspected * allowing persons to enter as you authorized in your rental application (if you die, are incarcerated, etc.) * allowing entry by a law officer with a search or arrest warrant, or in hot pursuit * showing apartment to prospective residents (after move-out or vacate notice has been given) * showing apartment to government inspectors, fire marshals, lenders, appraisers, contractors, prospective buyers, or insurance agents

Under the TAA lease, the management must leave notice of entry inside your apartment indicating that a management representative entered the apartment, and why he or she was there. The TAA lease gives the landlord a lot of reasons to enter your home. However, if the landlord is just using one of those reasons as a pretext for entering, then the landlord is violating the lease agreement and your right to privacy.

Joann, the one that sticks out in my mind is Texas Law wants land lord to be reasonable in their determination of normal wear and tear. It is a counter top, it is 15+ years old, it is going to have scratches and even some staining. It might be your fault or it might have met its natural life expectancy - up to the judge.

I would not pay for any maintenance done for the make ready to show the property while you were still maintaining possession of the property. midnight on 10-13-2013 or whenever you surrender the keys is appropriate to determine when and if you failed to maintain. Do not pay for the lawn care, it was inappropriate for him to do it unless it was cited in violation by the city. Tell him that he wanted a seamless releasing of the property and that cost is on him.

You were in the wrong to leave your stuff on the property after 10-31-2013 but he has to keep your stuff, it is unlawful to dispose of it without following proper protocol. He can charge a moving fee and storage for these items.

I think it's interesting that every time a tenant posts on our site we promptly "warn them" about how they should go to a tenant site to get help...then proceed to have on of the most responded to posts of the past week (34 entries and counting...mine makes 35).

Hey, I'm all for treating everyone fairly, but I think we need to wrap it up here...Joann thinks she has a valid complaint against her former land lord. Great...

She has two options:

Go to court, just like LL's do every time we have to evict a deadbeat. Get your day with the judge, prove your case, win your money, go on with life.

Or let it go, don't stress out so much, and go on with life.

P.S. I will add one piece of what I consider useful advice for our guest-poster / tenant...

Going to court is a lot harder than you imagine. I'm not trying to scare you away or defend a doofus land lord (if that's what he is), but just realize there are a lot of factors involved. First, you'll probably want to spend some time and money learning about your state laws and how to take someone to court. Second, you'll need to know if you and he followed proper procedures as far as giving written notices as required by those laws and your lease. You will need PROOF that those procedures were followed. Proof means WRITTEN communication. Copies of letters with date and time stamps, certified mail receipts, etc. A text on a phone won't work in court, neither will a Facebook post...not saying you'd use those but just realize social media doesn't work in court usually.

Then AFTER you do all that, you get to:

1) serve papers to the land lord...someone with authority must do this--typically a sheriff or process server. If you don't legally notify someone of your intent to sue them, you lose automatically.

2) assemble your proof. Pictures, copies of written documents, timelines, evidence of property that was lost (insurance records perhaps?)

3) present your case to the judge. Cross examine the land lord (if he shows up).

If you do all that and win you will get a judgment for the amount owed. Then you get to try to collect. How will you do this? Does he have a job where you can garnishee wages? Do you know where he banks? Do you know how to serve a garnishment? Again, might be a good idea to have a lawyer do this. Most will charge upwards of 40% of the amount of the judgment. So let's say you get your $1000 awarded...you may end up only getting $600, if that.

See why I say court is difficult and expensive? Land lords are used to getting screwed over by deadbeats, so trust us to know how hard it is to collect even when we're 100% in the right. Usually the reason we go to court is not with the expectation that we'll actually get our money, we're just trying to get the deadbeat out so we don't LOSE any more money due to damages and unpaid rent.

You're already out a lot of time, money, and stress on this. The real question remains: is this worth pursuing?

Thank you all for your thoughts and advice. I came here to this site, not wanting to "bash" my landlord, but to get advice from his peers.

I thank you all and to be honest... most of you are right... This is just a waste of my time... fighting over money that I don't need... over a principal that doesn't really mean anything to anyone... it just ticked me off.

I just don't care anymore and don't feel like holding on to this petty anger any longer.

Thanks for all the great advice!

What's the justification of that bill? A pro cleaner can remove stains like paint stains in seconds. There are all kinds of chemicals from Acetone to H2 O2, hydrogen peroxide...

Joann,

I appreciate you posting your question here and even the rousing posts that follow.

It is real life and helps us all learn to deal with it.