Dodgy Landlord Keeping Deposit

H

HyperBudgie

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Hi there guys.

I have recently moved out of a house that I was renting from a man by the name of PIG. We have had numerous fights with this guy over the last year and he is the reason we are moving out.

Now he is claiming that we have damaged the property and has a list of 15 things that we have allegedly damaged.

ALL of these things were like that when we moved in. The house is a log cabin and has paving all round the property. When the owner / landlord (PIG) came to the house a week after we moved in a year ago, he showed us the hole in the wall in the kitchen which he said was made by a previous tenant whom he struggled for a year to get his money from the tenant. Now he claims that we made the hole! Paving is lifted behind the house, this was also like this when we moved in and he says he is going to hold us liable for the repairs!!

All of the issues he mentioned were there when we moved in. He had no checklist for us to sign when he came to visit the first time so its currently his word against ours!

Please help...What are our rights? Can he just keep our deposit?

Really frustrated budgy....:mad:
 
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Hmmm, unless you signed some sort of documentation detailing what was already busted when you moved in I don't think you really have a leg to stand on
 
You unfortunately probably have no leg to stand on unless you have documented evidence that the issues existed when you moved in....

This will be an expensive learning experience probably... always sign a check list and get photos of the condition of the property BEFORE you move in.
 
Doesn't seem fair. He showed us all these things a year ago and now wants to deduct it from the deposit.
 
I think just ask a lawyer. Any advice you get here will mostly be guesswork. I think the problem is that, when you move in, your contract most likely contains words to the effect that you are satisfied with the condition of the property. In other words, if you werent, you would have amended the contract.
 
HyperBudgie said:
Doesn't seem fair. He showed us all these things a year ago and now wants to deduct it from the deposit.
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Life's not fair. As had been said you should have signed a checklist. He's obviously being a douche because of your past differences. Chalk it up to experience. You live and learn.
 
Check your lease - most leases have a clause saying that the tenant provide a list of faults (in writing) to the landlord within 10 days of occupying the property. If you did not do this, then it's his word against yours, I'm afraid.
 
Well you should never pay your last month's rental in my opinion.

Take a sledge hammer and go to town if you can :D. Make it hurt son!!!!!!!
 
If you cause more damage you'll only be liable.

I'd talk to a lawyer, burden of proof is on the accuser and maybe in this case it also counts. (eg. he is accusing you of causing the damage)

How much is the deposit anyway?
 
1. How long was you staying in said house?
2. How did you communicate said defects to the owner/landlord?

If you frequently emailed him, then you should be able to prove that the landlord was aware of the defects.

If not, then things are more iffier. Probably not worth taking it to court.

Also, the fact that you name him in your OP might be enough for him to sue you for loss of income.... (just a friendly warning).


A lawyer and court might set you back more than R5k. Just write it off.
 
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School fees. Next time, document all the problems with the new place (photographs etc) and get the land lord to sign.
 
you mentioned that the owner said the previous tenant caused the damage ?

maybe try and get the previous tenants contact details and confirm with them if the owner tried the same stunt with them, then the previous tenant can testify that all the "damages" were there before you moved in.
 
What my friends use to do is not pay the last month's rent if the landlord attempts this trick. It is took expensive to follow a legal route to get one month's rent, so the deposit will be kept.
 
creeper said:
What my friends use to do is not pay the last month's rent if the landlord attempts this trick. It is took expensive to follow a legal route to get one month's rent, so the deposit will be kept.
Click to expand...

That is now actually illegal now.... and the landlord can get a judgement against the person quite easily for not paying the last months rent.
 
Well....After reading the posts and feeling rather gloomy about the situation, I decided not to just let it go...It just isn't right!

So....I tracked down the previous tenants and they went through exactly the same thing with this guy.
The previous tenants have signed a statement that states that all of the damages listed by the landlord were in fact there when they moved in! He also kept their deposit in the same manner stating that it was to be used for repairs...The repairs were obviously never done as the damages are still there.

Monday I get hold of the previous estate agents who did an actual checklist...Gonna get my hands on that next.

What do you think?

Have I got a leg to stand on now? If so, what should my next step be?
 
Well now it isn't just your word against his, but you and a previous tenant. Remember that you'll need both your and previous tenants testimony in court and also proof that both of you stayed there. If the previous tenant cannot prove that then no point in proceeding because the scum will most likely pretend that he doesn't know that person.

Having all that you can proceed to take him to small claims court, should be slam dunk IMHO.
 
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