Okay, I rented from this guy and his wife for a year. My husband and I were good tenants, with one check being returned and it was the landlords fault as she even sent me a letter stating this. We were never late on rent, never had any problems, etc. If ever we needed something fixed we had to do it ourselves, they never returned phone calls, pretty much they were slum lords. Okay, so we moved out and paid the last months rent.

There were some repairs and cleaning that needed to be done, and we were doing them. So the carpet (or CRAPet as I liked to call it) in the home was in bad shape when we moved in, it was at least 10 years old. Had burn marks from the fireplace, had some stains, and the padding was very worn out. So when we moved out he was being a royal d*ck about evrything saying that we left the home a wreck and damaged when in fact we fixed things that were HIS responsibilty.

So he said he was going to lay tile in the home instead of cleaning the already bad carpets, and stated he could not and would not charge us for the tile. well I got a letter today saying all the “damages” and charges and my security deposit was 625 and it all added up to 850 and he charged us for the tile! 660 for the tile, and also he cleaned the garage when we were not home and said he would not charge us for that and that is also on there! My husband and his father and friend painted, fixed the small things and I cleaned, and we even left a new fridge in the home because the one that was in there when we moved in was gross.

We did above and beyond what we should have done to make the house look good, the ONLY thing we did not do was get the carpet cleaned in the 2 bedrooms that he did not tile, and I can agree with that charge but that is the ONLY thing that was not disputable on the letter.He said in the letter that he would be nice and “not take us to court over the extra charges over our security deposit” now my question is, if he said he couldnt and wouldnt charge us for the tile because it was not in the home already, can I take him to court over it? and win my case? I have witnesses and proof in voicemails that he stated that..
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replied November 26th, 2010
Hi, slanting_eyes.
I am not an attorney or expert on landlord/ tenant laws but I know a few things about your situation based on personal experience and the experiences of friends and family. Landlords are only entitled to be made whole, not to be made better. He cannot charge you for tile, he can only charge you whatever it would cost to clean, repair or replace the carpet. If the tile costs more than carpet, HE will have to pay the difference. If you have any photos of the place before you moved in and photos of afterward, that will help you quite a bit. I would take him to small claims court for the rest of your deposit if he refused to give you a price for new/ repaired carpet so you could compare it to the cost of his new tile. The witnesses and voicemail will be a great help as well. Chances are that he will give you the money if threatened with a lawsuit. But if he presses the issue, you can contact a local legal aid organization that can advise you. You may also want to check out landlord/ tenant laws of your state by doing an online search.
Good luck
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