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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I recently moved out of a home I was renting and the owners/property

Customer Question

I recently moved out of a home I was renting and the owners/property management company is asking for unreasonable costs they claim as damages.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 2 years ago.
Hi, my name is ***** ***** I will do my very best to help you,
1. Did the property management company send you a written itemized list of what damages they are alleging and also the itemized cost to repair each damage that they are claiming ?
2. On what date did you move out and on what date did you receive this claim for damages ?
Thank you,
Customer: replied 2 years ago.
1. Yes
2 move in: August, 2013
Move out: July 3, 2015
Reviewed the letter today: July 16, 2015
Customer: replied 2 years ago.
I received the letter via email today
Expert:  Andrea, Esq. replied 2 years ago.
Hi, Thank you for your reply, Did you do a "walk through" with the management company on the day you moved out ? If not, then you will be at a distinct disadvantage if they decide to sue you. The first thing you must do is immediately send a letter to the management company, disputing every item they claim as damages, line by line because if you say nothing, then the law interprets your silence as if you agreed with their claim.
Customer: replied 2 years ago.
No the management company was supposed to but did not confirm the date since she was on vacation. She said she was going to call to confirm when she returned. I moved out on the 3rd of July which is just ahead of the holiday weekend
Expert:  Andrea, Esq. replied 2 years ago.
JustAnswer just informed me that you would like to proceed by a live phone conversation. I would be glad to discuss your situation via a telephone conversation. Kindly let JustAswer know if you are still interested in a live telephone discussion and they will make the necessary arrangements. Thank you, ANDREA
Customer: replied 2 years ago.
Some background:
- the owners have never lived in the house and the items seems to be typical wear and tear but also address some work that needed to be done to the house even when I moved in
- there have been 2 previous tennants and the house was not in great shape when I moved in
- the owners over the last year or so have been very demanding and difficult for example: they would not fix items in the house for many months. Up to 8 months in some cases, They scheduled monthly walk throughs which was excessive sept - October (may have been November) 2014 and demanded an additional 3-4 walk throughs through the end of my lease. They first offered to sell me the home for an unreasonable price which I turned down then they requested I move out early. I accommodated and notified them of my move out date. At that point they scheduled realtors, their own walk throughs, other contractors to go through the house. They even showed up the day prior to my last day while the movers where there unannounced with the HOA representative. The owners have decided to live in the house themselves and it appears they are trying to charge me with many of the things and keep as much of my deposit as possible. Throughout the lease they have often tried to force me to pay of items that are typically owners responsibilities.I would still like to have a phone call. I will also send the letter attachment I recieved in my next correspondence.
Customer: replied 2 years ago.
Attached is a photo of the letter
Expert:  Andrea, Esq. replied 2 years ago.
I have read the letter you sent as an attachment and reviewed the itemized list with the corresponding amount which the landlord intends to keep. Most of the items they include are either ordinary wear and tear and the rest are certainly very questionable. However, I do not recognize the first item on their list and to which they refer to as “CGM Invoice $740”, nor do I know what they are referring to. Please advise if you would like to proceed via live telephone call. I look forward to your reply, ANDREA

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