I moved from my apartment and the landlord is claiming damages for normal wear and tear on the apartment. The manager claims that the apartment had to be in ready to move in condition once I leave. This is contrary to whats stated in the lease agreement Section 5)tenant agrees to return Premises to Landlord in as good condition as when received, normal wear and tear excepted. I followed the check out list exactly as requested. I steamed cleaned the carpets, wiped all the walls, ETC. The apartment was left in an immaculate condition and I took pictures. I believe this landlord and landlords manager is abusing the rights of tenants by making false claims in the hope that tenants will not fight back and in turn the landlord is keeping the full deposit and collecting more. That way they are making there apartments move in ready on the backs of tenants. Is the Landlord allowed to do that under the law?
2 Answers from Attorneys
The issue for the case, if you file it, will be whether the "damages" that they claim are beyond normal wear and tear. You have their letter advising you about the damages? If that is truly normal wear and tear, you can file a small claims action and seek return of the deposit. You should and can hire an attorney as there is an attorney fee provision in that statute.
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