Need a Lawyer because of my landlord

[Scout]

My landlord sent me in invoice for damages. $934.80 after my deposit. It includes stuff like carpet, yard work, a missing screen that never existed, etc. I've been trying to find out what I am and am not responsible for, and other than reading "wear and tear items" I haven't had any luck. I haven't found a list of wear and tear items. The carpet was ancient and already had a hole in it when I moved in.

I'm in Fort Wayne and would like to find someone local who is experienced in this sort of thing.

 

[Brandon]

I am not a lawyer and offer no legal advice. I can tell you what I did and what happened however.

I got a similar bill after I moved out of my old apartment. Long story short, I hung onto the bill / letter but did nothing.
Never heard a thing after that.

 

[glock27-87]

You should always take pictures of any damages there prior to moving in and take pictures when moving out to compare damages. Hard to prove you did or didnt cause the damages so im with Brandons above post about just holding on to it and see if they will take further action if not dont worry about it.

 

[CathyInBlue]

88GT. Calling 88GT. You're needed in the Break Room, stat.

 

[BravoMike]

Can they send that to collection and can it hurt your credit?

 

[AlwaysVigilant]

What did it say about the deposit and move out conditions in your lease? Did you fill out a move in checklist and do a walk through with the landlord prior to signing that lease, or after for that matter? Did you do a walk through when you moved out? Did you complete the lease?

All of these things have legal implications to your situation, and what you can hope to do.

 

[Brandon]

I am guessing they are playing the game of sending a letter in the mail and if they get money in return great, if not owell.

 

[sepe]

Find landlord, kick landlord in the jimmy. Spit on landlord, enjoy life.

 

[Bunnykid68]

Send landlord for a bill for $500 and tell him that is how much you had to pay for a lawyers retainer. Send it certified so you are sure he got it. Wait for response.

 

[mrjarrell]

Can they send that to collection and can it hurt your credit?

Yes, a landlord could send it to collections. Best to meet this guy head on and dispute the charges.

 

[Bunnykid68]

Find landlord, kick landlord in the jimmy. Spit on landlord, enjoy life.

Yes, a landlord could send it to collections. Best to meet this guy head on and dispute the charges.

These two things combined perhaps

 

[Scout]

I've misplaced my lease agreement, so I can't answer all those questions. I have looked in the IC and it says a landlord can hold the deposit to recoup cost of damages, I did not see where it said he could go beyond the deposit.

I've been told that if the carpet is older than 7 years then replacement is on him, as it is considered wear and tear. I wouldn't be surprised if the carpet was 20 or 30 years old.

 

[88GT]

"Wear and Tear" isn't a list of items. It's a matter of condition of the property and its components.And it's relative. It's a comparison between condition when you moved in and condition when you moved out. But you have to be able to show some proof of condition at move-in if you are going to dispute that any "damages" are just normal wear and tear and not "excessive." It is not a comparison between "new" and move-out. Additionally, you are responsible for all that the lease says you are responsible for. If 'yard work' is listed in the lease, then you're on the hook, mitigating circumstances notwithstanding. If you can't prove the screen wasn't there when you moved in, you're on the hook for the screen.

I am not a lawyer and offer no legal advice. I can tell you what I did and what happened however.

I got a similar bill after I moved out of my old apartment. Long story short, I hung onto the bill / letter but did nothing.
Never heard a thing after that.

Confession time: I have sent every tenant who has every owed me money a "bill" letter as part of the legally required notice of what the security deposit was used for. And the number of times I have actually sought court action to remedy the default is far fewer than the number of letters I have sent out. Sometimes the cost of winning makes me the loser so it is just not financially smart to pursue small claims court.

Can they send that to collection and can it hurt your credit?

Yes, a landlord could send it to collections. Best to meet this guy head on and dispute the charges.

It's been a while since I've had to send an account to collections, but I do believe that in landlord-tenant areas regarding damages, the collections agency requires a court-rendered judgment for the landlord before the tenant's account can be placed in collections. I think this is because the damages are disputable by their very nature. I am not 100% sure on this, but I don't believe that a reputable collections agency would take an account without a court judgment.

At any rate, you don't need a lawyer per se. It will be decided in small claims court if it goes any farther. Landlord will bring suit against you, you will present evidence that the charges are BS, and judge will rule based on best presented case. There are thresholds when a lawyer is required in small claims court. IIRC, one example is when one of the parties is an incorporated entity such as a property management company or apartment complex. Another is if the damages exceed a certain dollar amount. Though I'm really foggy on this one. Based on the info you've provided, I do not believe you are required to have one. Though best to check with the small claims court you would be appearing in because I don't know if the rules are made at the state level for all courts or by each court.

You can dispute the charges in writing as a pro-active effort to show the judge, if you get that far, that you have disputed the charges. But know that such action may actually spur landlord to file when he otherwise might have been content to let it go. YMMV.

 

[88GT]

I've misplaced my lease agreement, so I can't answer all those questions. I have looked in the IC and it says a landlord can hold the deposit to recoup cost of damages, I did not see where it said he could go beyond the deposit.

I don't know whether to laugh or cry. Do you really think a landlord is limited to the amount of the deposit regardless of what the damages amounted to? The deposit language in IC is a protection for the tenant, not a limitation on the remedies of the landlord.

I've been told that if the carpet is older than 7 years then replacement is on him, as it is considered wear and tear.

Not true.

I wouldn't be surprised if the carpet was 20 or 30 years old.

That works to your benefit, but it doesn't mean much to the big picture. Remember my post above? It's about the difference between move-in and move-out condition. Age is secondary and is used as an arbitrary factor to determine value if the carpet needs to be replaced. You see, the prevailing standard for damages is that the tenant is only responsible for the market value of the item, which is in turn largely based on the age of the item. A brand new stove is worth more than a 15y/o stove. It's almost like a depreciation thing. If the tenant destroyed a brand new stove, the landlord lost the full value. But if the tenant destroyed a 15y/o stove, the value was only $50 (picking a random number). So theoretically, the tenant's damages for the stove may only be $50. In the carpet example, if the carpet needs replaced, the amount is determined by how much life it is believed it had left in it. It is common to use 7-10 years as a standard for carpet life, but it doesn't have to be that way. Especially if you can show that the condition was "like new" regardless of the age.

 

[Scout]

I don't know whether to laugh or cry. Do you really think a landlord is limited to the amount of the deposit regardless of what the damages amounted to? The deposit language in IC is a protection for the tenant, not a limitation on the remedies of the landlord.

No I didn't think it would, but then again, it doesn't say he may. So, may be a grey area, but I am not likely to win.

That works to your benefit, but it doesn't mean much to the big picture. Remember my post above? It's about the difference between move-in and move-out condition. Age is secondary and is used as an arbitrary factor to determine value if the carpet needs to be replaced. You see, the prevailing standard for damages is that the tenant is only responsible for the market value of the item, which is in turn largely based on the age of the item. A brand new stove is worth more than a 15y/o stove. It's almost like a depreciation thing. If the tenant destroyed a brand new stove, the landlord lost the full value. But if the tenant destroyed a 15y/o stove, the value was only $50 (picking a random number). So theoretically, the tenant's damages for the stove may only be $50. In the carpet example, if the carpet needs replaced, the amount is determined by how much life it is believed it had left in it. It is common to use 7-10 years as a standard for carpet life, but it doesn't have to be that way. Especially if you can show that the condition was "like new" regardless of the age.

Well it looks like I am on the hook for 900 bones then. I did not do a walk through with the landlord when I moved in. In fact, he did not show me the house, the previous tenant did. we did not do a walkthrough when I left either, I texted him and told him I was out and it was all his. He replied and told to hide the keys and let him know where. My only other contact with him was a week or two after, I asked when I would get my deposit, he said it would be no later than 45 days. I heard nothing back until today when I got his letter in the mail. I should have taken pics, I spent a day cleaning the bathroom, a day cleaning the fridge, a day in the basement, etc. I didn't leave the place trashed and smelly. As far as I was aware the only thing I hadn't complied with was not having the carpet cleaned because the water was off by then, and i told him that.

 

[churchmouse]

Find landlord, kick landlord in the jimmy. Spit on landlord, enjoy life.

Damn it man, I like the way you think......

 

[churchmouse]

When we were in the rental circus it was standard procedure to take photos at the lease signing and file them. If you can get a few with the tenant in them it is great.
When lease is up or broken we took photos again and put them in the file. Hard to dispute these if legal action is to be taken.

I would suggest this to a tenant as well.

 

[Indy_Guy_77]

...I did not do a walk through with the landlord when I moved in. In fact, he did not show me the house, the previous tenant did. we did not do a walkthrough when I left either...

Does not compute....

 

[88GT]

No I didn't think it would, but then again, it doesn't say he may. So, may be a grey area, but I am not likely to win.

It's not a gray area. The IC regarding security deposits does not limit the amount of money the landlord may seek as remedy for damages. It simply regulates how the security deposit is to be used as a remedy for those damages.

Elsewhere in IC (IC 32-31-7-7)

(f) If the landlord is the prevailing party in an action under this section, the landlord may obtain any of the following, if appropriate under the circumstances:
(1) Recovery of the following: (A) Actual damages. (B) Attorney's fees and court costs.
(2) Injunctive relief.
(3) Any other remedy appropriate under the circumstances.

Well it looks like I am on the hook for 900 bones then. I did not do a walk through with the landlord when I moved in. In fact, he did not show me the house, the previous tenant did. we did not do a walkthrough when I left either, I texted him and told him I was out and it was all his. He replied and told to hide the keys and let him know where. My only other contact with him was a week or two after, I asked when I would get my deposit, he said it would be no later than 45 days. I heard nothing back until today when I got his letter in the mail. I should have taken pics, I spent a day cleaning the bathroom, a day cleaning the fridge, a day in the basement, etc. I didn't leave the place trashed and smelly. As far as I was aware the only thing I hadn't complied with was not having the carpet cleaned because the water was off by then, and i told him that.

Don't be so quick to give up. If he doesn't have any proof of the condition beforehand, it might not be as cut and dried as you think. The fact that the landlord did NOT do a walk through at move-in and document the condition is helpful because it establishes a lack of "official" move-in condition against which the move-out condition can be compared. And if you did clean it, he won't have photographic evidence of filth either without fabricating them or trashing it after the fact.