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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 101760
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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We recently vacated a property in Mortg Carolina after

Customer Question

We recently vacated a property in Mortg Carolina after having received a 30 day hand written notice by the landlord. We moved in a week, leaving behind items that were to be donated. Since we have vacated, we have received harassing text from our previous landlord and they have even contacted our new landlords trying to find out our new address. The most recent text have been about the condition of the house. We took pictures upon our departure as well as videos of the normal wear and tear of living in the house for 5 years. The previous landlords have stated that we are to make arrangements to paint the house and return it to its prior condition. However, in our lease it stated nothing of this. My question to you is can they make us do theses repairs? And what if any options do we have to stop these harassing text and phone calls?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.
I am very sorry to hear about this situation. Can you please tell me:
1) Did you pay a deposit for the property?
2) If so, did the landlord keep the deposit?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
we did pay a deposit. And yes he did keep it.
Expert:  Ely replied 1 year ago.
Thank you.
1) The landlord can keep the deposit for any damage beyond reasonable wear and tear to the property;
2) If the deposit does not cover the damage, they can sue for the rest in small claims court. Whether what they are requesting is beyond "normal wear and tear" is on a case by case basis. Repainting the home is generally considered too much, for example.
3) A good way would be to send a certified letter demanding that they stop with the texts, or one would file a police report. That may scare them off. This is bluffing on one's part of course, as the texts are not enough for a police complaint, but it generally still gets people scared enough to stop. They can always sue in court if they want to, still.
4) One can also simply BLOCK their number(s) with one's phone service, of course. This is not illegal and can be done.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

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