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Q: Excessive rental property damage ( No Answer,   1 Comment )
Question  
Subject: Excessive rental property damage
Category: Relationships and Society > Law
Asked by: esarkissian-ga
List Price: $5.05
Posted: 30 Oct 2003 12:31 PST
Expires: 29 Nov 2003 12:31 PST
Question ID: 271220
We recently rented a house for a bachelor party with a $350 deposit. 
We had our fun and got some whipped cream here and there, but nothing
excessive.  We then receive a damage bill for over $650!  We KNOW we
didn't abuse the house that much.  In addition to cleaning expenses,
they are claiming a $100 rug needed to be replaced, among other
things.  Included is some "landscaping" that needed to be done as
well.

We think we're being swindled, but feel the burden of proof is on us. 
What can we do to fight this?  We're already thinking of requesting
all receipts and estimates, and possibly small claims court.

Thank you,

Ed
Answer  
There is no answer at this time.

Comments  
Subject: Re: Excessive rental property damage
From: ipfan-ga on 30 Oct 2003 13:35 PST
 
Landlord-tenant law is almost exclusively governed by the lease
instrument itself and the law of the state specified in the lease, or
if not specified, by the law of the state in which the property
resides.  So your answer will be governed first by the specific terms
of your lease and then by relevant provisions of state law.

Do you have a written lease?  What does it say about security deposits
and damages deductions?  If it is silent, then you need to look to
state law and see what it says about those topics.  Generally (you
need to consult with a local lawyer before proceeding, BTW), absent a
contrary provision in the lease, a landlord can retain a security
deposit in a non-interest bearing account and must timely refund it
less deductions for damages caused by the tenant, reasonable wear and
tear excepted.  Most state laws also provide that the landlord must
provide an itemized list of the damages and the associated charges
upon request.  I would certainly make a demand for the supporting
documents.  Have you already been charged, i.e., did the landlord hit
your credit card for these charges or withhold it from a security
deposit?  If it is just a bill, then you have no standing to go to
small claims court since you have not been damaged, i.e., you have not
suffered any monetary loss yet if you’ve just received a bill.

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