All right where do I start?

My wife and I rented a nice apartment in CT above our landlord (yes I learned this one the hard way) anyway after moving out I get a bill for $3000 for damages after he already kept my $1000+ security deposit. I took this with a grain of salt because 1 I didn't damage anything and 2 He sent me only estimates and not receipts. It makes me sick because my wife and I spent hours cleaning the place and this is the thanks we get? Anyway he tried unsuccessfully to rent the place due to a high rent in a softening real estate market. In fact he listed it in the paper 2 months in a row and lowered the rent $100 the second month and still couldn't find a tenant. This all happened back in January. Since then my ex-landlord has been in a car crash and confined to a wheelchair. He has been up to his eyeballs in debt since he could walk and has been sued 3 times successfully in small claims in the past year The other day my wife and I receive small claims notices in the mail from him asking for $2900 plus 2 months lost rent!! He's had a for rent sign in front of the place ever since I moved out and obviously deemed the place rentable when I moved out and yet he's suing for damages still? Should I get a lawyer for this or do I have a strong enough case? Of course my dumb a** forgot to take pictures before I moved due to the stress of buying a new home on christmas eve. I think I am in the clear on this one but my wife is not so sure. Anybody have any suggestions?

Most of your post doesn't matter in Court. Did you break the lease? Otherwise I don't understand why you owe rent after you moved out.

The landlord will submit evidence that you did damage (photographs, estimates) and that you owe rent.

You will present any evidence you have to the contrary (and, yes, photos would make a big difference but it's too late for that).

The Court will decide.

As I said, the rest of the circumstances do not matter.

Sounds like you should counter sue him if he didn't give you any itemization of damages along with the amounts. Also in most states he has to send you your security deposit back or the itemized list of deductions within like 30 days, did he do that?
Also he can not come after you for rent after you moved out unless you broke the lease/didn't give him sufficient notice you were moving out.
It is up to him to bring his proof of damages and/or proof of repairs with estimates and receipts. Also he can not claim for normal wear and tear like if the rugs were over 5 yrs old that may be considered wear and tear. Or if something was falling apart or breaking down it may be considered normal wear and tear.

I didn't break my lease and was always a good paying tenant. The rent he is claiming as "lost" were for the 2 months after I moved out. He did send me an itemized list of deductions but none of it is my fault. H's claiming I owe him a new carpet because I used no protector under my computer chair. Hes asking for a new floor in the kitchen for damages I didn't do and the estimate says because there's already 2 layers of linoleum I have to pay for a strip down. The list goes on an on but he doesn't have one receipt. What kills me is that he obviously found it in rentable condition when I left.

I didn't break my lease and was always a good paying tenant. The rent he is claiming as "lost" were for the 2 months after I moved out. He did send me an itemized list of deductions but none of it is my fault. H's claiming I owe him a new carpet because I used no protector under my computer chair. Hes asking for a new floor in the kitchen for damages I didnt do and the estimate says b/c theres already 2 layers of linoleum I have to pay for a strip down. The list goes on an on but he doesn't have one receipt. What kills me is that he obviously found it in rentable condition when I left.


Why does he think you owe him rent for two months? It's not your fault that he couldn't rent after you moved. That's your defense - you lived up to the terms of your rental agreement, including giving appropriate notice.

He is entitled to be made whole (as he was when you moved in). He is not entitled to have the apartment renovated or remodeled on your dollar.

And that will be your argument in Court.

You say he "obviously" found it in rentable condition when you left. What proof of that do you have?

I am sure most of that will be thrown out in court. Like how much damage can a computer chair do and how are you responsible for layers of linoleum unless you put some down.
He wants money desperately and he is hoping you will fall for it I think.
He sounds like he has his karma after him with his accident.

You should read the laundry list of damages he listed, if I have some free time later I'll type them all. Should I get a lawyer for this. He sent my wife and I 2 separate letters but it makes her sick to even think about seeing this guy.

He had it for rent in the paper 1 week after I moved out without completing any of the repairs he sent me estimates for. That's why I think he found it rentable.

His listing it one week after you moved out should be in your favor. Emphasis that in court and if you can get a copy of the ad in the paper that should be beneficial to you.

I have copies of the ad. I saved every copy of the newspaper he ran it in. He claims to have a move out video and before and after pictures. Can I legally ask to enter the apartment to take pictures of the "damage". Keep in mind it is still vacant.

I doubt he would agree to it and tell you he has already taken the pictures.
He is not going to want help you prove your case that he is wrong by allowing you to do that.

Can a lawyer take pictures? What if I have a friend he's never seen take some pictures of the place posing as a potential renter? It's completley doable considering he couldn't join them on the second floor. Would these pictures be submissable in court if I called the photographer as a witness?

You might try having a friend he doesn't know get an appt to see the place. Don't know how they could get away with taking pictures without him wondering what is up.

I think he is going to sink himself in court though. With all the trumped up charges for damages and not being able to prove he did the repairs I think the Judge will see straight through him.

Thanks, it feels good to hear it from someone else. Now my question is does my wife have to appear as well or can I represent us both? Do you recommend hiring a lawyer?

Is her name listed on the court papers?
I know it upsets her but it would be in your favor if she is there for support I would think.

I would rather pay a lawyer to represent her than have her be there. This guys is that much of a jerk. You were right about the karma thing.

You would have to ask the lawyer what is best. I think if she is named on the law suit she would have to appear.

Wife would (I would think) be a witness to what was said and done.

And, agree - is she mentioned in the Summons?

We each got one

Then she does need to be there.
I do believe that she would be allowed to sit out in the hall until they need to call her IF you ask and explain why.

We each got one


Then she has no choice but to be there. If she does NOT attend a default Judgment will be entered against her.

Hello C:

Pictures of the condition of it today won't help your case no matter who takes them.

Why don't you file a counter suit for your deposit back? You said he only sent estimates and not receipts. The law calls for him to do more than that.

I don't think you need a lawyer.

excon

Thanks for the advice. Now what should I put in the response column when I send the papers back? I know what I want to say, just not how to say it. The bill he sent me was all estimates except for a $100 receipt for getting the place cleaned and was on the rental market within a week of us moving out. He has spent no money fixing the place and yet still thinks he deserves a remodel on my dime. He's also suing for lost rent which is obviously bs. I should have just taken pictures.

Put that he gave estimates with NO actual proof of work done or receipts.
Looks like he may not have any intent on doing repairs since he is trying to rent it already with nothing done.

Much of what he is going after you for is normal wear and tear or cosmetic improvements rather than actually damage done by you.

Why you feel you don't owe him for lost rent.

UPDATE: I know it's been a while but I got the advice of an attorney and transferred my case to the civil docket. This way I keep my appeal rights in case they rule in his favor. It's been 6 months and I still haven't gotten a court date but my ex landlord now has a tenant. In the meantime I have collected statements from several of those who helped me move out saying the allegations in the summons are false.