Rental Security deposit - damage expenses

[sankar1969]

Hello there,

I lived in a town home for 10 months for a rent of $1350.00 with a $1350.00 as security deposit. I vacated the unit with proper notice and exit inspection.

Per exit inspection, Only Carpet needed a professional cleaning on exit( Per lease) and Landlord felt odor and I agreered to do professional help on gettting rid of it on my cost.

Now, I have received a big laundry list of items from cleaning ( carpet, ******* cabinet, windows), repainting, replacing counter-top ( reasoning heavy stain near sink) and replacing ******* floor (Vinyl floor has bumps, it could be before I move in as there was no power for some days... the refrigerator watered outside) to about $1800.00. After deducting my security deposit, I need to pay $450.00 more.

I am shocked to see this and not sure how to handle this. Need expertise advise. I am okay to pay the cleaning charge as I agreed.

Thanks in advance!

-Sankar

[sankar1969]

to add up.....

I lived in the state of Indiana.

Thanks,
Sankar

[Kariboo]

I lived in a town home for 10 months for a rent of $1350.00 with a $1350.00 as security deposit. I vacated the unit with proper notice and exit inspectionCan you explain more about what happened at the exit insoection. As far as I understand from you is that the landlord and you did an inspection and what was written down on the inspection is that the carpet needed cleaning. The both of you then signed the inspecton paper. Can you tell me if this is correct?.

Per exit inspection, Only Carpet needed a professional cleaning on exit( Per lease) and Landlord felt odor and I agreered to do professional help on gettting rid of it on my cost.Normally this would fall under normal wear and tear , did something more extensive happen to the carpet than just living?

NowHow long ago did you move out? , I have received a big laundry list of items from cleaning ( carpet, ******* cabinet, windows), repainting, replacing counter-top ( reasoning heavy stain near sink) and replacing ******* floor (Vinyl floor has bumps, it could be before I move in as there was no power for some days... the refrigerator watered outside) to about $1800.00. After deducting my security deposit, I need to pay $450.00 more.
Please tell me more about what happened at the move out inspection. Normal wear and tear is part of renting and landlords cannot charge you for that. Also they cannot just have things painted etc, they have to give you reasonable time to do it yourself before they can have someone else fix it. If: there is something that you are responsible for AND they gave you proper notice AND you did not fix it, THEN they can fix it by hiring someone, they then have to give you an itimized and reasonable bill (f.i. they cannot charge you $1000 to paint a wall)

I am shocked to see this and not sure how to handle this. Need expertise advise. I am okay to pay the cleaning charge as I agreed.What was written in your lease? Did you have a move in inspection? You can read the applicable law if you google 'landlord tenant law indiana".

Worst case scenario it goes to small claims court but I wouldn't worry about that yet. A lot of landlords do stuff like this just so they can keep your deposit. What can be very effective is pay a big shot attorney in your area for an hour of their time to write a letter to the landlord, this sometimes scares them off because they don't expect you to fight back.

Thanks in advance!

-Sankar[/QUOTE]

[sankar1969]

Hello Kariboo,

Thank you so much for your response. I feel better now though I hav not got rid of the problem yet. Here are the clarifications for your questions...

Can you explain more about what happened at the exit insoection. As far as I understand from you is that the landlord and you did an inspection and what was written down on the inspection is that the carpet needed cleaning. The both of you then signed the inspecton paper. Can you tell me if this is correct?.

Yes, both signed and only the carpet cleaning and food odor in the ******* are the two items to be taken care. ( We uses more spices in the cooking that leave food odor)


Normally this would fall under normal wear and tear , did something more extensive happen to the carpet than just living?

No. It was normal living. No damage to Carpet.

How long ago did you move out?
Just on Dec 15th 2009.

What was written in your lease? Did you have a move in inspection? You can read the applicable law if you google 'landlord tenant law indiana"
Per Lease the dewelling unit should be returned in good condition. I do not see any things other than normal statement. Yes, I did have move in inspection but I did not have any damage noted down.

Sure, I will consult an attorney per your advise.

Thank you very much,
Sankar

[Kariboo]

Hi Sankar

I would consult with an attorney but the way I see it the move out inspection is binding. the landlord cannot suddenly come up with extra's after that.

Indiana law is a little vague on your rights but I think you are covered. The problem would be to get back the part of the deposit that your landlord is holding onto now. This may perhaps only be remedied by going to court about it, or threatheing to do so.

Normally normal wear and tear are expected and you would not have to pay for that. Sometimes there are clauses in the contract that the tenant has to have the carpet cleaned but it seems that is not the case in your instance. I would do nothing until you talk to an attorney and come up with a plan

Please do so asap since there is a 45 day period I believe that you can use for this but I am not sure

EDit: just read some more on indiana LLT law, it is unclear to me what the status on a move out inspection is exactly. It says that the landlord has 45 days to send you a list of repairs, and does not have to let you know at move out what that list is. However it does not say anything about a situation where a landlord has SIGNED a move out inspection and THEN sends a list.

[sankar1969]

Thank you so much for your time and advise. Sure, I will read about indiana law for some time and consult an attorney.

Thank you again,
Sankar

[RuthCoppola]

Many people include home accessories such as home rugs, vases and decorative items in rental security which later cause the issue of dispute between tenant and the owner.