Landlord damage claims after deposit has been refunded

[Polk]

Hi,

As title suggests, is a landlord able to claim damages after the outgoing inspection has been completed and the rental deposit refunded in full?

Really appreciate any feedback. Thanks for the help.

 

[jvrs]

who did the outgoing inspection and who held the deposit ?

 

[Polk]

Rental agent did the inspection and landlord held the deposit

 

[froot]

Ok so this is what happened....
You move out
Inspection is done and approved
Deposit refunded
Landlord complains about damage?

No, it's not your baby. It's the landlord's.
Do you have a letter/whatever saying everything was inspected in full and was ok?

 

[The_Unbeliever]

Ok so this is what happened....
You move out
Inspection is done and approved
Deposit refunded
Landlord complains about damage?

No, it's not your baby. It's the landlord's.
Do you have a letter/whatever saying everything was inspected in full and was ok?

This. If the inspection passed, then the landlord is trying a fat chance.

 

[die_koos]

Don't be a douche! If it's something that you know you broke, pay to have it fixed.

If you know you didn't break it, don't pay.

Don't worry about the contract or the letter of the law, just be honest about it.

 

[jvrs]

This. If the inspection passed, then the landlord is trying a fat chance.

^ +1

 

[Polk]

I never received a letter. The inspection was 'passed' and owner refunded deposit 2 days later.

The issues which are being identified were never identified by us or in the outgoing inspection.

Since inspection there has been at least one contractor working in the house.

Thanks for the help so far!

 

[jvrs]

what damage is he claiming ?

 

[Polk]

what damage is he claiming ?

Oil stain in cupboard, frayed edge to carpet, small depressed mark in carpet (possibly a light burn mark)

 

[jvrs]

Oil stain in cupboard, frayed edge to carpet, small depressed mark in carpet (possibly a light burn mark)

LOL

 

[Polk]

Unbelievable right

 

[creeper]

Oil stain in cupboard, frayed edge to carpet, small depressed mark in carpet (possibly a light burn mark)

Why did you park your Ford in the cupboard?

 

[froot]

No, I think it was a Jaguar.

Either way, the deposit was refunded and the inspection was passed so the landlord shouldn't have any legal claim against you.

 

[cerebus]

Landlord can certainly claim damages after deposit has been refunded. He'll need to take you to small claims court though. And probably he'll lose.

 

[OGroteKoning]

Why did you park your Ford in the cupboard?

I believe years ago he bought a brand new Ford and the special was a brand spanking new black leather jacket with a Ford label proudly worn on the chest. He sold the car some time ago, but the jacket still dripped oil in the cupboard.

 

[The_Unbeliever]

Landlord can certainly claim damages after deposit has been refunded. He'll need to take you to small claims court though. And probably he'll lose.

IANAL

Yes, he will lose as he approved the inspection.

 

[Polk]

Laugh

Thanks for all the help!

 

[MagicDude4Eva]

This:

The general rule is that if the tenant has damaged something that does not normally wear out or has substantially shortened the life of something that does wear out, the tenant may be charged the pro-rated cost of the item, taking into account how old the item was, how long it might have lasted otherwise and the cost of replacement.

So when determining how much a Landlord can deduct from a tenant's deposit for actual damage by the tenant (not wear and tear) it's important to remember that the original condition and age of the item at commencement of the lease agreement need to be taken into account, and therefore cost of depreciation of the item due to normal wear. i.e. if at the end of a tenancy it's found that there is a tear in a carpet, the tenant can't be liable for cost of a brand new carpet - depreciation has to be factored in.

Paint fades, doors and walls get scuffed with use, and everything wears or breaks over time, even with a tenant who really cares for the property, and one can't hold a tenant liable for this.

On the subject of paint - if a tenant drives nails into the walls (only with landlord's permission in our lease agreement) they would have to make good when they leave by removing nails and painting - and unfortunately, unless you have exactly the same tin that was used originally, it's unlikely the paint dye lot is not going to be same in a new tin, therefore the entire wall (or room) will have to be painted. If the tenant merely painted over the filled holes and the paint didn't match, this could be constituted as damages, recoverable by the landlord.

Found this: http://www.property24.com/articles/tenants-deposit-and-property-repairs/16375

 

[xrapidx]

They can't claim at a later stage -else he might contact you in two months when a plug doesn't work, or the grass dies.