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Cinderblocks · Jul 15, 2009, 07:52 PM

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?

JudyKayTee · Jul 15, 2009, 08:18 PM

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.

N0help4u · Jul 15, 2009, 08:19 PM

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.

Cinderblocks · Jul 15, 2009, 08:34 PM

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.

JudyKayTee · Jul 15, 2009, 08:36 PM

Originally Posted by Cinderblocks

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?

N0help4u · Jul 15, 2009, 08:40 PM

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.

Cinderblocks · Jul 15, 2009, 08:41 PM

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.

N0help4u · Jul 15, 2009, 08:48 PM

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.

Cinderblocks · Jul 15, 2009, 08:51 PM

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.

N0help4u · Jul 15, 2009, 08:54 PM

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.

Cinderblocks · Jul 15, 2009, 08:57 PM

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?

N0help4u · Jul 15, 2009, 09:01 PM

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.

Cinderblocks · Jul 15, 2009, 09:05 PM

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?

N0help4u · Jul 15, 2009, 09:07 PM

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.

Cinderblocks · Jul 15, 2009, 09:14 PM

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.

N0help4u · Jul 15, 2009, 09:24 PM

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.

JudyKayTee · Jul 16, 2009, 06:43 AM

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

And, agree - is she mentioned in the Summons?

Cinderblocks · Jul 16, 2009, 08:46 AM

We each got one

N0help4u · Jul 16, 2009, 08:50 AM

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.

JudyKayTee · Jul 16, 2009, 09:21 AM

Originally Posted by Cinderblocks

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.