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mkls · Jan 31, 2007, 03:40 PM

Hello !
My question is this : if the owner of the rental unit chose not to renew the lease because she wished to move into the apartment herself, and is now doing total, major renovation work, can she still deduct for "damage" such as a crack in the bathroom sink and a stain on the carpet? She is remodeling both the bathrooms and the flooring.
Thank you so much for your help
mkls

RubyPitbull · Jan 31, 2007, 04:36 PM

If you cracked the sink and stained the carpet, she has the legal right to deduct those items from your security deposit. Her decision to renovate after you moved out, has no bearing on the contract between the two of while while you lived there.

The real question here is, how much can she legally deduct for those items? What does a sink cost? Could the carpet have been cleaned and the stained removed by the cleaning? Legally, she can only deduct the expense of those items.

You may want to check as to how much each of those items are worth and if they are less than the security deposit, ethically she should return the difference to you. Can you prove the carpet could easily be cleaned and not replaced?

Sorry that you may be disappointed at this answer.

mkls · Jan 31, 2007, 05:28 PM

[QUOTE=RubyPitbull]If you cracked the sink and stained the carpet, she has the legal right to deduct those items from your security deposit. Her decision to renovate after you moved out, has no bearing on the contract between the two of while while you lived there.

The real question here is, how much can she legally deduct for those items? What does a sink cost? Could the carpet have been cleaned and the stained removed by the cleaning? Legally, she can only deduct the expense of those items.

You may want to check as to how much each of those items are worth and if they are less than the security deposit, ethically she should return the difference to you. Can you prove the carpet could easily be cleaned and not replaced?

Sorry that you may be disappointed at this answer.

THANK YOU FOR ANSWERING !

landlord advocate · Feb 5, 2007, 09:12 PM

Originally Posted by mkls

Hello !
My question is this : if the owner of the rental unit chose not to renew the lease because she wished to move into the apartment herself, and is now doing total, major renovation work, can she still deduct for "damage" such as a crack in the bathroom sink and a stain on the carpet? She is remodeling both the bathrooms and the flooring.
Thank you so much for your help
mkls

What the landlord does with the property after you leave, has nothing to do with what you did to the property while you lived there. What does come in to play is how old the items were at the time you moved in and what was their condition at that time. You are responsible for damages beyond normal wear. You will not be charged for complete replacement of carpeting, that would not be reasonable. You may be charged for a portion of the life of the carpeting. Did you do a walk through prior to moving in? Did you mark down any spots or wear of the carpeting? Damage already done to the sink? If not, then you will probably be held reasonable for the damages done after you moved in and before the landlord took possession of the property.

landlord advocate · Feb 6, 2007, 01:31 PM

The landlord should have receipts for the cost of the sink and the carpet. She can not just assign a vlaue, there must be actual figures. Any money over and above the cost of the repairs should be returned. Ask to see her calculations. Ask how old the carpet was before you moved in. Remind her that you are only responsible for a portion of the replacement... not new carpeting.

mkls · Feb 6, 2007, 05:42 PM

Thank you for your reply. I knew that the owner was planning a total renovation (i.e. new floors, bathrooms, kitchen, etc) so I foolishly assumed she would not expect to collect for "damage" to items she planned to discard anyway. Now, she is stalling on returning the deposit or supplying me with a list of deductions for damage.
Well, I thought I was too smart to get into this kind of mess ! Live and learn, I guess. Unfortunately, I moved to another unit in the same building so I am hesitant to take any legal action, such as small claims court. But, again, thanks for your kind reply.