Does anyone know landlord and tenant lawyer.

[lkayne]

I want someone to refer me tenant lawyer?
My landlord is holding my deposit because of things like a old tree with limbs falling off, water faucets, and appliances as well as a coffee stained counter top. All those were damaged when I moved in and I asked the previous landlord to fix them 3 years ago and shortly after I moved in. Now that I have moved out person who bought the house is holding my security deposit. Only thing i can agree with is a dirty carpet because the carpet was off white. I had it cleaned once. The person that walked threw the house with me told me things were Okay and cleaned nicely.

 

[Reba]

Rent security deposit claims are usually done in small claims court without a lawyer. Sometimes the community uses mediators instead of the courts.

Who did the walk-thru inspection with you? Did they give you a written report?

Do you have photographs or signed inspection reports to prove the previous condition?

Trees are usually the landlord's responsibility. I've never heard of a tenant being responsible for trees.

Carpet cleaning expense is common. It has to be professionally cleaned after the tenant moves out.

 

[whatdidyousay!]

I took a landlord to small claim court b/c he won't given back my security deposit and I won the case . The landlord was painting the ceiling in the
kitchen and I was cleaning out the fridge and he kept telling I was doing a good job. I told the judge this and he rules in my favor . I didn't have a lawyer , I dressed up nice and wore a dress instead of pants and I think this helped too. The landlord was really peed off that I won he was so sure he was going to win .
I agree with what Reba said .

 

[Foxrac]

Rent security deposit claims are usually done in small claims court without a lawyer. Sometimes the community uses mediators instead of the courts.

Who did the walk-thru inspection with you? Did they give you a written report?

Do you have photographs or signed inspection reports to prove the previous condition?

Trees are usually the landlord's responsibility. I've never heard of a tenant being responsible for trees.

Carpet cleaning expense is common. It has to be professionally cleaned after the tenant moves out.

I think most durable floor for renters will be tiles or smooth, painted concrete.

 

[lkayne]

Rent security deposit claims are usually done in small claims court without a lawyer. Sometimes the community uses mediators instead of the courts.

Who did the walk-thru inspection with you? Did they give you a written report?

Do you have photographs or signed inspection reports to prove the previous condition?

Trees are usually the landlord's responsibility. I've never heard of a tenant being responsible for trees.

Carpet cleaning expense is common. It has to be professionally cleaned after the tenant moves out.

If the wanted lawyer because my speech is real good but my pronunciation bad. Slow wit the sign language too. I dress nice. I will take a witness with me. No one like to go court with anyone

.

 

[seb]

I want someone to refer me tenant lawyer?
My landlord is holding my deposit because of things like a old tree with limbs falling off, water faucets, and appliances as well as a coffee stained counter top. All those were damaged when I moved in and I asked the previous landlord to fix them 3 years ago and shortly after I moved in. Now that I have moved out person who bought the house is holding my security deposit. Only thing i can agree with is a dirty carpet because the carpet was off white. I had it cleaned once. The person that walked threw the house with me told me things were Okay and cleaned nicely.

Basically, you have to return the property in the same condition you took possession of it minus normal wear and tear.The landlord can only keep your money for damaged items that does not fall under normal wear and tear.

-What does your living at the house have to do with tree limbs falling off? That isn't your responsibility, it's theirs!

-The problems with the faucets and appliances is also their responsibility.

-The coffee stained countertop could be on your dime, but I doubt it. I have never had a problem cleaning coffee stains off of countertops.

-The dirty carpet could be your responsibility too, but only if you lived their less than a year or removed it or damaged it by spilling coffee, soda, fruit drinks, burned it with an iron, etc. otherwise it's their responsibility. Also if the carpet is over six or seven years old the landlord can't keep your money, the carpets life is over!

I have done rental maintenance for years and I always take pictures before the tenant moves in and when they move out just in case they raise a stink about how they left the property. I also tell the tenant to do the same.

In CA, the landlord only has two weeks to return your deposit or itemize the damage and cost of the damage and provide it in writing to the tenant. If they mis the deadline they have to return the entire deposit. The only exception that I know of is: the previous tenant moves out and does not provide a forwarding address.

To me it sounds like the landlord doesn't have a leg to stand on and if you take him to small claims court you will easily win.

 

[whatdidyousay!]

Basically, you have to return the property in the same condition you took possession of it minus normal wear and tear.The landlord can only keep your money for damaged items that does not fall under normal wear and tear.

-What does your living at the house have to do with tree limbs falling off? That isn't your responsibility, it's theirs!

-The problems with the faucets and appliances is also their responsibility.

-The coffee stained countertop could be on your dime, but I doubt it. I have never had a problem cleaning coffee stains off of countertops.

-The dirty carpet could be your responsibility too, but only if you lived their less than a year or removed it or damaged it by spilling coffee, soda, fruit drinks, burned it with an iron, etc. otherwise it's their responsibility. Also if the carpet is over six or seven years old the landlord can't keep your money, the carpets life is over!

I have done rental maintenance for years and I always take pictures before the tenant moves in and when they move out just in case they raise a stink about how they left the property. I also tell the tenant to do the same.

In CA, the landlord only has two weeks to return your deposit or itemize the damage and cost of the damage and provide it in writing to the tenant. If they mis the deadline they have to return the entire deposit. The only exception that I know of is: the previous tenant moves out and does not provide a forwarding address.

To me it sounds like the landlord doesn't have a leg to stand on and if you take him to small claims court you will easily win.

I was living in Ca. when I took my landlord to court ,he didn't itemize the
damages he said I did . It only took the judge a few minutes to decide who was telling the truth . Before you move into a new apartment it's good idea for the tenant to take photos too and have it timed stamped . This way if there is any stains or holes the landlord can't say you did it.

 

[seb]

I was living in Ca. when I took my landlord to court ,he didn't itemize the
damages he said I did . It only took the judge a few minutes to decide who was telling the truth . Before you move into a new apartment it's good idea for the tenant to take photos too and have it timed stamped . This way if there is any stains or holes the landlord can't say you did it.

I thought I said that. Better yet, take the pictures and send them to yourself and don't open the envelope unless you go to court or have a problem.

The reason the judge ruled in your favor was because it was probably obvious who was telling the truth, and that was you! In small claims court they are usually looking for someone not telling the truth and once they figure it out, the decision as to who should win is made easy

 

[mikemike]

As Reba and seb wrote,
Document and Document and Document. you friends are your wtinesses

 

[whatdidyousay!]

I thought I said that. Better yet, take the pictures and send them to yourself and don't open the envelope unless you go to court or have a problem.

The reason the judge ruled in your favor was because it was probably obvious who was telling the truth, and that was you! In small claims court they are usually looking for someone not telling the truth and once they figure it out, the decision as to who should win is made easy

Yup ! That is what I said , it took the judge a few minutes to tell who was telling the truth. I told my side and the landlord told his side. He was very angry about having to go to court , I guess he didn't think I had the guts or smarts to do it. He was wrong on both counts!

 

[rockin'robin]

I also took the Landlord to Court several years ago...he would not return my deposit and said he was going to sue me for breaking the Lease (on a house)....The fact was:...an AC was leaking water...he would not fix...and the sewer was backed up....right into the bathtub and sink!...It was awful!....I took pictures and had several witnesses....
The house was very nice, stained glass windows...but the repairs the Landlord would not fix.....

I won the case, and he was ordered to pay me $1200.00....he never did!...I called the Court...and they informed me that all I could do was file a Lien on his property or vehicle(s)...This is in Florida!....

I was livid and my time was limited and not wanting to go to Court again...so I let it go....

Take pictures of any damage and after you have cleaned up also....(which I did).....

 

[seb]

I also took the Landlord to Court several years ago...he would not return my deposit and said he was going to sue me for breaking the Lease (on a house)....The fact was:...an AC was leaking water...he would not fix...and the sewer was backed up....right into the bathtub and sink!...It was awful!....I took pictures and had several witnesses....
The house was very nice, stained glass windows...but the repairs the Landlord would not fix.....

I won the case, and he was ordered to pay me $1200.00....he never did!...I called the Court...and they informed me that all I could do was file a Lien on his property or vehicle(s)...This is in Florida!....

I was livid and my time was limited and not wanting to go to Court again...so I let it go....

Take pictures of any damage and after you have cleaned up also....(which I did).....

I would go after the landlord for the $1200. By not going after him, you are just letting him do what he did to you to the next tenant. If he doesn't have to pay, he won't learn. IMO slapping a lis pendens on his property or properties is better than anything in getting someone to pay up; all the lis pendens does is say you plan on suing the person and hold lien rights on his property, basically he can't do anything with the property as long as the lis pendens is on it. If he tries to sell it or do anything with it, he won't be able to until the lis pendens is removed. Only problem with the lis pendens is it runs out after 2 years so you want to put it on if you find out he plans to sell or re finance it. He will pay you!

It also goes the other way. One landlord I work for had a tenant that caused over $12,000 in damage to his property and I told him to sue the tenant. He didn't want to because he said he would get the judgement and then never get the money, basically he had been down the road before. I told him at the vary least he should name the husband and wife in the suit and if he won and had an unpaid judgement on their record they would find it hard to rent again and cause pain on another landlord. He still decided not to take them to court.

 

[Foxrac]

Oh wow, that's horror stories.

That why I rather to own a house, but sadly, houses with excellent public transportation is very expensive.