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INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 54284
Experience:  Licensed attorney helping individuals and businesses
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We rented a house for 10 years, we left there April1st. The

Resolved Question:

We rented a house for 10 years, we left there April1st. The landlord did an inspection and gave us our deposit back. He told my husband he was a good renter and the place looked good, he saw the rugs he stated they where being replaced. He said he was replacing the rugs and the place looked good(wear and tear) We did have a dog it was agreed upon and he did say the downstairs rugs are going to replaced and are very worn.

A week ago he started calling my husband saying we have to replace the wood under the rugs! About 800.00 My husband said nothing to him and then didn't answer his calls. I was at church today, they where there, and then I went to the store were I followed. I was approached and he said your husband owes me money to pay and answer his phone before he goes to an attorney. In front of the store and the wife said,"see I told you,when I replied speak to my husband." We don't have the money, they gave the deposit back March 31? Can we be brought to court?
Submitted: 5 years ago.
Category: Legal
Expert:  INFOLAWYER replied 5 years ago.

INFOLAWYER :

Good morning,

INFOLAWYER :

I do not see basis for the landlord seeking monies from you. Landlord can only recover for rent owing and damages caused beyond normal wear and tear. Here, landlord inspected and claimed everything was in order. In light of that I do not see a claim. There is a defense of waiver and payment.

INFOLAWYER :

You can ask for a specific breakdown so you can assess what he is claiming is the basis

INFOLAWYER :

Normal cleaning, wear and tear, are not a tenant cost, even has he complained timely about it

Customer:

On March 30 he claimed all was well, He has ripped the carpets up and now claims all the wood under the rygs are ruined because or our dog. He wants 800 or 900!

INFOLAWYER :

Is he correct about it?

INFOLAWYER :

did the dog cause damages?

INFOLAWYER :

If so, consider settling for half

INFOLAWYER :

given his prior comments, cost of litigation

Customer:

I don't know what the condition of the wood before we moved in 10 years ago, our dog was a puppy but the rugs where shot blue shag now he is saying the place was trashed

INFOLAWYER :

The burden of proof is on the landlord

INFOLAWYER :

so you can deny it and have him sue and then make him prove you caused it

INFOLAWYER :

the cost to him would be much more than 900

Customer:

I don't know how he can prove what condition it was 10 years ago

INFOLAWYER :

or you can offer to cover a small amount of the damages

INFOLAWYER :

right

INFOLAWYER :

so you can defend on this basis

Customer:

We would do that but I doubt he is going to agree to it

INFOLAWYER :

some people pay a bit, to avoid being sued and the time and cost of defending

INFOLAWYER :

offer $100

INFOLAWYER :

and explain you are doing it as nuisance value only

INFOLAWYER :

and deny any claims

Customer:

thanks we will do that My husband was also a carpenter and did work on the house

Customer:

We also don't have money to go to court

INFOLAWYER :

good luck

INFOLAWYER :

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INFOLAWYER :

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INFOLAWYER :

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