Landlord damage claims after deposit has been refunded

[The_Unbeliever]

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

As above (magicdude's post), depreciation.

Not sure about oil stain in cupboard though...

 

[Polk]

As above (magicdude's post), depreciation.

Not sure about oil stain in cupboard though...

I should have added more detail when mentioning the oil stain

I was referring to the oil left behind from a perfume bottle or similar. Minor enough for us to never notice it.

 

[ToxicBunny]

Inspection has been passed and deposit refunded, landlord is trying his luck.

The refund of the deposit is proof enough that the landlord was happy with the condition of the property when they inspected it. There is no need for a letter.

 

[Djin]

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.

^^ This. If you aware of the damage, screw the legal mumbo jumbo. Do the right thing.

 

[The_Unbeliever]

I should have added more detail when mentioning the oil stain

I was referring to the oil left behind from a perfume bottle or similar. Minor enough for us to never notice it.

Again, wear and tear.

That is, if you've been honest with us

Agree @ toxicbunny - if the landlord refunded the deposit, it means that he was satisfied with the inspection.

Unless it's a n00b landlord...

 

[Tacet]

The refund of the deposit is proof enough that the landlord was happy with the condition of the property when they inspected it. There is no need for a letter.

Since the landlord himself returned the deposit, I tend to agree with you. However, when working through an agency it might be a different matter. My contracts normally gave the tenant about a week after commencement of the contract to report faults, and the landlord a week after the contract expired. It has happened that the rental agency does an inspection without my knowledge, and repays the deposit based on the fact that they don't find faults. When I inspected the place myself, I found numerous faults, including areas of wall repainted in another colour, Donald Duck stickers on doors (leaving horrible marks when peeled off), a broken door handle.. As the agency already repaid the deposit, I would have had a massive fight to get anything fixed. I decided to let that go - wasn't up to the fight at that stage.

 

[ToxicBunny]

Since the landlord himself returned the deposit, I tend to agree with you. However, when working through an agency it might be a different matter. My contracts normally gave the tenant about a week after commencement of the contract to report faults, and the landlord a week after the contract expired. It has happened that the rental agency does an inspection without my knowledge, and repays the deposit based on the fact that they don't find faults. When I inspected the place myself, I found numerous faults, including areas of wall repainted in another colour, Donald Duck stickers on doors (leaving horrible marks when peeled off), a broken door handle.. As the agency already repaid the deposit, I would have had a massive fight to get anything fixed. I decided to let that go - wasn't up to the fight at that stage.

Agreed if it was totally through an agent...

But from the wording of the OPs posts, the owner themselves refunded the deposit. Plus it seems like more than a week has passed since leaving the property...

 

[ToxicBunny]

Since the landlord himself returned the deposit, I tend to agree with you. However, when working through an agency it might be a different matter. My contracts normally gave the tenant about a week after commencement of the contract to report faults, and the landlord a week after the contract expired. It has happened that the rental agency does an inspection without my knowledge, and repays the deposit based on the fact that they don't find faults. When I inspected the place myself, I found numerous faults, including areas of wall repainted in another colour, Donald Duck stickers on doors (leaving horrible marks when peeled off), a broken door handle.. As the agency already repaid the deposit, I would have had a massive fight to get anything fixed. I decided to let that go - wasn't up to the fight at that stage.

Agreed if it was totally through an agent...

But from the wording of the OPs posts, the owner themselves refunded the deposit. Plus it seems like more than a week has passed since leaving the property...

 

[crackersa]

Agreed if it was totally through an agent...

But from the wording of the OPs posts, the owner themselves refunded the deposit. Plus it seems like more than a week has passed since leaving the property...

even if it was an agent that approved it, the agent has been duly authorized to be the representative of the landlord and the landlord would have to take the rental agency.

btw, law states that inspections must be done 3 days after tenant moves out (contracts stating otherwise will not hold up in court unless the contract states that they are making it longer than the normal turn)

 

[SpiderMonkey]

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

I think the landlord has 7 days after the inspection to identify any problems.

 

[Tacet]

even if it was an agent that approved it, the agent has been duly authorized to be the representative of the landlord and the landlord would have to take the rental agency.

btw, law states that inspections must be done 3 days after tenant moves out (contracts stating otherwise will not hold up in court unless the contract states that they are making it longer than the normal turn)

I don't think return of the deposit exempts the tenant of paying for damages if the owner has not approved the inspection. In my case I was there on the day that the tenants moved out - the agency did the inspection a few days before. All in all I'll rent out again, but I won't use an agency again. In my experience they tend to bark loud at decent tenants, but when you get a rotten tenant, they don't really have bite. When a tenant didn't pay his rent, they sent him letters of demand via ordinary mail. When all was said and done, I had no proof that a LoD was sent, and couldn't approach the small claims court.

 

[ToxicBunny]

I don't think return of the deposit exempts the tenant of paying for damages if the owner has not approved the inspection. In my case I was there on the day that the tenants moved out - the agency did the inspection a few days before. All in all I'll rent out again, but I won't use an agency again. In my experience they tend to bark loud at decent tenants, but when you get a rotten tenant, they don't really have bite. When a tenant didn't pay his rent, they sent him letters of demand via ordinary mail. When all was said and done, I had no proof that a LoD was sent, and couldn't approach the small claims court.

You might find the legal point of view is different.

The agency is the duly appointed agent, by the owner, so the inspection can be done by just the agent....