getting screwed by landlord

[cheeseburger]

I'm looking for advice on the best course of action, here's the situation:

My ex-landlord has a picture of some paint spilled on the carpet in the living room of my old address. He claims to have replaced the carpet and, due to other unspecified damages and expenses, claims that the $1200 security deposit has been used up entirely on repairs, and that we owe $600 on top of the security deposit. I am skeptical that such damages to the house could amount to $1800, especially since the paint spot is the only evidence offered, and the landlord has not cited any other damage to the property directly, only that they vaguely exist.

I did not trash the house, I actually cleaned it well before I left, and I am unaware of any serious issues, we even had a cordial walk-through. I know me making this statement is pointless because it is my word against his, but bare in mind, the house was not in bad shape.

I am wondering if I have any legal responsibility to pay the $600 he claims to have spent in addition to the security deposit.

I also found out that he doesn't have a rental license, and so was renting this place to me illegally and therefore dodging business privilege taxes. I am certainly going to report him, but I am wondering if I have an obligation to pay the money, and how to address all of this with him.

Any feedback would be appreciated. Thanks.

[ArcticSplash]

You do not have any responsibility to pay the landlord a cent past the deposit unless he files a Small Claims action against you and he wins. It's is totally and utterly stupid for a landlord to claim damages past the deposit.

This guy is just blowing smoke up your a$$.


I'll PM you my attorney's info.

[ArcticSplash]

I rented from a landlord that did the SAME thing to me as he did to you.

Trust me if you drag him into Municipal Court, suddenly all those "damages" he claims you owe him will just melt away.

Also: Report the illegal rents collected to revenue@phila.gov and give them the OPA account number of the property, the landlord's name and the mailing address where you were sending the rent checks.

[nickster]

Report him NOW for not having a valid rental license. He's probably not paying BP and NP taxes, too.

[CHIOSSO]

AND NOW A POEM BY TYRONE GREENE

Images by Tyrone Greene ...

Dark and lonely on the summer night.
Kill my landlord, kill my landlord.
Watchdog barking - Do he bite?
Kill my landlord, kill my landlord.
Slip in his window,
Break his neck!
Then his house
I start to wreck!
Got no reason --
What the heck!
Kill my landlord, kill my landlord.
C-I-L-L ...
My land - lord ...
Def!

[Sharkfood]

Is the landlord a member of the carpenters' union? That could explain the high repair bill.

[S.PhillyNative]

Instead of just turning him, why don't you bargain for your security deposit back. Just tell him that because it was an illegal rental, he cannot legally keep your security deposit (less the cost of the rug to be reasonable), and that you will go to landlord/tenant court to see what the authorities say about keeping someone's money without proving damages...tell him that you may have been advised this by your attorney.

I'm looking for advice on the best course of action, here's the situation:

My ex-landlord has a picture of some paint spilled on the carpet in the living room of my old address. He claims to have replaced the carpet and, due to other unspecified damages and expenses, claims that the $1200 security deposit has been used up entirely on repairs, and that we owe $600 on top of the security deposit. I am skeptical that such damages to the house could amount to $1800, especially since the paint spot is the only evidence offered, and the landlord has not cited any other damage to the property directly, only that they vaguely exist.

I did not trash the house, I actually cleaned it well before I left, and I am unaware of any serious issues, we even had a cordial walk-through. I know me making this statement is pointless because it is my word against his, but bare in mind, the house was not in bad shape.

I am wondering if I have any legal responsibility to pay the $600 he claims to have spent in addition to the security deposit.

I also found out that he doesn't have a rental license, and so was renting this place to me illegally and therefore dodging business privilege taxes. I am certainly going to report him, but I am wondering if I have an obligation to pay the money, and how to address all of this with him.

Any feedback would be appreciated. Thanks.

[2happy4u]

It's common practice for LL to find tiny problems then keep your deposit. He has the money so you will have to take him to small claims court. good luck

[phillydeveloper]

Turning him in will not achieve anything. There is no punishment for a landlord who rents illegally then gets a LL license once he gets the notice. Also, a lawyer will likely cost you more to get the security deposit back than its worth. Unfortunately, a-holes are allowed to rent in this city and the beat option is to file a small claims suit yourself and force him to prove the damages. An attorney will cost you too much.

[StrangeTanks]

I'm looking for advice on the best course of action, here's the situation:

My ex-landlord has a picture of some paint spilled on the carpet in the living room of my old address. He claims to have replaced the carpet and, due to other unspecified damages and expenses, claims that the $1200 security deposit has been used up entirely on repairs, and that we owe $600 on top of the security deposit. I am skeptical that such damages to the house could amount to $1800, especially since the paint spot is the only evidence offered, and the landlord has not cited any other damage to the property directly, only that they vaguely exist.

I did not trash the house, I actually cleaned it well before I left, and I am unaware of any serious issues, we even had a cordial walk-through. I know me making this statement is pointless because it is my word against his, but bare in mind, the house was not in bad shape.

I am wondering if I have any legal responsibility to pay the $600 he claims to have spent in addition to the security deposit.

I also found out that he doesn't have a rental license, and so was renting this place to me illegally and therefore dodging business privilege taxes. I am certainly going to report him, but I am wondering if I have an obligation to pay the money, and how to address all of this with him.

Any feedback would be appreciated. Thanks.

I'm not gonna take sides on who's right or wrong in your particular situation, bit this idea that a landlord being licensed is the end all be all in court is ridiculous. Your gonna stand before a judge and say, well...he's not licensed so therefore ect...and the judge will say. Do you have a lease? What does the lease say? Did you live in the house? Well then you have to abide by the terms of the lease.

Your landlord is a jerk for coming after you for money above and beyond the security, and I would personally call his bluff on that one. But its not your word against his. First of all he has documentation of damages and it doesn't sound like you have anything. On the other hand, he's not allowed to make claims for "unspecified" damages. It should be clearly stated in your lease how return of deposits works.

The problem is that people aren't used to dealing with contracts. Did you take pictures of the house when you left? Did you actually read you lease before you signed it (I can't believe how many of my tenants zone out when we go through it)? Basically, if you go to court over the security deposit, he has to prove damage above and beyond normal wear and tear.

You can try to weezle out of damages, but it sounds like you spilled paint on the floor and now your upset that you have to pay for carpets. Now if you didn't actually damage the carpets, that's a different story. You are also due an itemized list of damages. All of this should also happen within 30 days of your move out.

[ShoshTrvls]

...tell him that you may have been advised this by your attorney

Um, yeah. That'll do it. @@

[Cya]

I'm not gonna take sides on who's right or wrong in your particular situation, bit this idea that a landlord being licensed is the end all be all in court is ridiculous. Your gonna stand before a judge and say, well...he's not licensed so therefore ect...and the judge will say. Do you have a lease? What does the lease say? Did you live in the house? Well then you have to abide by the terms of the lease.

Your landlord is a jerk for coming after you for money above and beyond the security, and I would personally call his bluff on that one. But its not your word against his. First of all he has documentation of damages and it doesn't sound like you have anything. On the other hand, he's not allowed to make claims for "unspecified" damages. It should be clearly stated in your lease how return of deposits works.

The problem is that people aren't used to dealing with contracts. Did you take pictures of the house when you left? Did you actually read you lease before you signed it (I can't believe how many of my tenants zone out when we go through it)? Basically, if you go to court over the security deposit, he has to prove damage above and beyond normal wear and tear.

You can try to weezle out of damages, but it sounds like you spilled paint on the floor and now your upset that you have to pay for carpets. Now if you didn't actually damage the carpets, that's a different story. You are also due an itemized list of damages. All of this should also happen within 30 days of your move out.

... deleting. Google is my friend.

[StrangeTanks]

Technically, the deposit gains interest in an escrow account. So expect about 3 bucks.

After 6 years? I would just give one of my tenants their deposit back on the spot and not even bother with the inspection, especially if I had the feeling they weren't abusive and were good neighbors.

Read the lease, get everything in writing, and take pictures. Takes all of 20 mins. Landlord is required to settle all the stuff with security deposits within 30 days. The penalty is twice the security deposit. If he was living month to month, make sure his notice to leave is documented and falls in line with the terms of the lease.

I really don't get all this adversarial stuff between landlords and tenants.

[mixiboi]

I really don't get all this adversarial stuff between landlords and tenants.

I take it you don't watch Daytime TV...Plenty of that all over the Judges shows..makes for good TV.

[wollstonecraft]

Would taking pictures of the house/apartment shortly before moving out help to protect a tenant?

[thoth]

I don't know why people keep going back to the security deposit, the OP asked if a landlord can just ask for money beyond the security deposit. If all you needed was a picture of a paint spill, why wouldn't every landlord try to shake down their tenants for more money? Is that really going to stand up in court?

I'm not gonna take sides on who's right or wrong in your particular situation, bit this idea that a landlord being licensed is the end all be all in court is ridiculous. Your gonna stand before a judge and say, well...he's not licensed so therefore ect...and the judge will say. Do you have a lease? What does the lease say? Did you live in the house? Well then you have to abide by the terms of the lease.

Your landlord is a jerk for coming after you for money above and beyond the security, and I would personally call his bluff on that one. But its not your word against his. First of all he has documentation of damages and it doesn't sound like you have anything. On the other hand, he's not allowed to make claims for "unspecified" damages. It should be clearly stated in your lease how return of deposits works.

The problem is that people aren't used to dealing with contracts. Did you take pictures of the house when you left? Did you actually read you lease before you signed it (I can't believe how many of my tenants zone out when we go through it)? Basically, if you go to court over the security deposit, he has to prove damage above and beyond normal wear and tear.

You can try to weezle out of damages, but it sounds like you spilled paint on the floor and now your upset that you have to pay for carpets. Now if you didn't actually damage the carpets, that's a different story. You are also due an itemized list of damages. All of this should also happen within 30 days of your move out.

[nickster]

With regard to the annual $50.00 property license, if the city can't maintain at least a 98% enforcement rate for this, there is little hope they can enforce the bigger L&I and delinquent tax issues that plague the city, IMO. I could be wrong, but I don't think you can get a property license without also getting (or already having) a BP license these days. While the property licence may look like a pittance at just $50.00 a year, the BP license one time fee is well over $300.00 by now. Also, the BP and NP taxes generated (and hopefully collected) would be a nice chunk of change for the city. This is a simple area where the city could make a big difference when it comes to QOL issues and increasing revenue--a win win, IMO.

If everyone would call 311 when properties that were once owner occupied on their block turn into rental properties, the city would be informed and, hopefully, would investigate the matter and force the owner into compliance.

Also, be sure whenever you report something to 311, CLIP or L&I you let them know if the property you are reporting is absentee owned. If you know where the owner lives, tell them that, too. The majority of the BRT records list owners as living in the properties when they do not.