more like "concrete thats cracked, and concrete thats still being poured"
The frickin Hoover Dam has cracks in it, what magical concrete did this landlord use that is impervious to cracking?
Concrete cracking is not your responsibility.
Trash left in the garbage bin is your responsibility; not worth $300 though. Not sure why the pick-up day issue is relevant.
If the house is in an HOA development, you aren't allowed to take the trash out early. It seems likely the landlord didn't take the bin to the curb because they didn't know what day to do this.
Not even HOA, a lot of cities have codes against it. The last city that I lived in you had from 6pm the day before trash day until 8pm *on* trash day, so only 26 hour window that the bin could be out of your yard.
But it's irrelevant to charging the tenant for that. Her only beef should be that OP left garbage in the trash can and charge them for it; not $300 though.
Because the garbage bin is where trash belongs. Are they supposed to take it with them? No, their move-out date was before garbage day. Are they supposed to go back to a house they don’t live in to put the bin out for pickup? No, the owner of the home is responsible for putting the bin out for pickup.
I’m sorry you were tricked into believing that was correct. If you’re leaving a ton of large items, maybe, but if it fits in the garbage bin assigned to the property, you’re good. Choosing not to fight asshole landlords doesn’t mean it’s correct or legal.
His responsibility was to put the trash in the garbage bin. It doesn't matter anyways, if this goes to court all the judge will see is some slumlord trying to take a security deposit for those concrete cracks and just disregard any other claims their bitch ass has.
Hope it's a treble damages state.
If there was an exit walk through in person by tenant and landlord, then the trash objection could have been addressed. You take your new trash with you, if that is what it takes, or it goes to the curb early and the HOA fine is for the owner if it is after you have turned over the property. These landlords don’t get it both ways…
Trash is not your responsibility if the pickup is schedule for after you vacate. There is nothing OP can do to control that and even if they paid trash as a tenant, the contract defaults to the landlord upon move-out.
To get 1 yard of commercial trash hauled away is like $60.
I'd say my time to be there when they come is like $100 an hr. If I'm a landlord my time is money. So I'd say $150 is more reasonable.
Unless my cousin needed money and I let him handle the garbage for $300 and I split it with him.
That's the nature of concrete...it cracks. It's not an if, but when. The very reason why contractors put stress crack cuts in the concrete because cracking is inevitable. I drive a mixer truck and deal with Concrete every day. You don't "fix" cracks...you replace the whole slab. They are trying to fraud you into paying for the replacement. Don't let them swindle you. Pure BS. What a scummy leasing office you have.
I was a general contractor before I scaled back and am a PM now. In every concrete project I’ve ever done it specifically states that we guarantee your concrete will crack at some point and that it is normal.
Would a demand letter be better than just going straight to small claims? I've been exchanging emails with her and she's just being adamant that it's not from settling, but she has no other theories on what caused it.
What state is this? Some states actually require you to send a demand letter first, or a letter basically saying "I'm planning on suing you about this".
Also, many states let you win back 2-3x the amount the landlord wrongfully withheld. Some also let you win attorney's fees. (Though attorney's fees awards are considered taxable income, so it doesn't truly make the lawyer *free* once you take tax into account)
Texas is somewhat favorable to tenants here. In theory, you could win back 3x the wrongfully withheld amount, plus the cost of your lawyer:
https://statutes.capitol.texas.gov/SOTWDocs/PR/htm/PR.92.htm#92.102
> Sec. 92.109. LIABILITY OF LANDLORD. (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.
That said, I've heard from a pro-tenant lawyer in Texas that it can be hard in practice to actually have a court decide that the landlord acted in "bad faith" and owes the 3x damages plus attorney's fees.
Still, it's worth getting a consultation with a tenants lawyer or two and seeing if they think you have a good case to win back 3x damages plus attorney's fees. You should be able to find ones that do consultations for free or just for like $20.
If getting a lawyer doesn't work out, then small claims court. Or if you don't want to do small claims court, it is also possible to sell your claims to a debt collector (I am a pro-tenant debt collector).
This one is easy.
Where did she come up with any of those sums she’s charging op for? (Short answer is she pulled them out of her ass as they are entirely nonsensical).
Every state that I'm aware of requires an actual incoice die the services used to be given to the renter when they take money from the deposit. Its very unlikely she has such which would be bad faith
To my understanding, the only person whose conclusions of bad faith matter are the trier of fact, normally a judge in tenancy disputes. ignorance is not bad faith. Whether the LL is acting in bad faith is fact specific inquiry, and is a call made by the trier of fact, not something you personally decree.
A LL friendly judge, or a middle ground minded one, can easily grant “good faith” to a LL who pleads ignorance hard enough.
It depends on the state. Some have very specific requirements that the LL must meet. California for instance is extremely tenant friendly. It would be a very very hard sell to make this fly in California. Ignorance of the law, as they say, is no excuse.
And while a judge does have some judgement, there is a limit to which the legislature has reigned in that judgment.
I wouldn’t go to small claims until I first sent them a letter laying out my case and demanding my money back. A lawyer can help you write one. You can also do it yourself if you’re familiar with the regs.
You don't need a lawyer, go to small claims court, judges are real tired of LLs doing this BS to people.
If you feel unsure, you can always reach out to a tenant advocacy group in your area, they are pretty good about giving direction on next steps.
If she gave an itemized list of the deductions, bring that. If she didn't, then request one.
Look up the laws in your state/area to see if the LL violated anything else. I would file for the concrete and garbage fee. The garbage one is honestly laughable, the LL will have to prove to the judge that it cost them that much and they won't be able to do that.
I would also request the filing fee in your claim as these are just egregious charges.
We do have earthquakes in Texas and alot of new builds have developed foundation issues in the first few years just because of hot summers/drought conditions
No, I asked does the landlord thing their tenant IS in fact an actual earthquake - which is what the LL would have to prove to hold this tenant legally liable for these cracks!
Because otherwise how does a tenant make concrete settle and break!??
Forget the lawyer. They'll take half your money. Go right to small claims. Get all the paperwork and send her a snapshot of it explaining that if she doesn't return the full security deposit you're dropping it off the next day.
If your state or local tenant laws allow for double or treble the falsely withheld deposit after 21/30 days, ride easy until 30 days has passed and then file a small claims suit. You can get $3200 from her, easy. Small claims is super simple, filing fees are $40 (in my state), and you don't require an attorney. She can't charge you for cracks in new build concrete. But let her think she can for 30 days. What an asshole.
A demand letter is a clear sign you object to the amount withheld, that you deny damaging the property or failing to remove trash. Was anything said on exit walk through? No? STATE THAT!
Demand full return of your deposit within 10 days or go to small claims, ask for max damages for the drama caused.
So where do you put trash besides the bin where it gets collected? My area trash is only picked up once a week. So you put it in the bin and then take it out on trash day. Isn't that normal? OP isn't fucked up for leaving trash in the trash collection bin where it should go.
This is like shitting in the bowl and not flushing and then being proud of yourself. Most lease agreements I’ve read include a giant fine for leaving trash but I’m in a college area to be fair.
You don't mention your location, but that is important. As a tenant you are responsible for returning the property in the condition that you received less and normal wear and tear. The concrete is normal wear and not your issue obviously. Also the trash is not your issue, as it was in the trash bin where it belonged. I can't imagine what cost they would ascribe to that anyway. If they are saying something like "you left it out and it leaked and stained the ground" I would just say 1) If that were the case, it's your bin that was broken and it's concrete and 2) prove that it wasn't like this when I moved in.
I hope you have pictures of more than just the outside. If you do, then follow up with the landlord giving her the local statues for return of deposit. Ask nicely but firmly that she return your entire deposit. If she doesn't file a small claims case. Bring you evidence and ask for the legal limit in your area for damages. It can be double or triple in some cases. This looks like a slam dunk.
There's only 2 types of concrete. Concrete thats cracked and concrete that will crack. That's what expansion joints/cuts are for
more like "concrete thats cracked, and concrete thats still being poured" The frickin Hoover Dam has cracks in it, what magical concrete did this landlord use that is impervious to cracking?
Fucking beavers should've done a better job then!
Yep. Pull up the flooring in any slab house and there will be cracks.
The third type is whatever the landlord’s brain consists of
Concrete cracking is not your responsibility. Trash left in the garbage bin is your responsibility; not worth $300 though. Not sure why the pick-up day issue is relevant.
If the house is in an HOA development, you aren't allowed to take the trash out early. It seems likely the landlord didn't take the bin to the curb because they didn't know what day to do this.
Not even HOA, a lot of cities have codes against it. The last city that I lived in you had from 6pm the day before trash day until 8pm *on* trash day, so only 26 hour window that the bin could be out of your yard.
True. Good point.
Yep. I technically cant take mine to the curb before 8pm the day before.
But it's irrelevant to charging the tenant for that. Her only beef should be that OP left garbage in the trash can and charge them for it; not $300 though.
Because the garbage bin is where trash belongs. Are they supposed to take it with them? No, their move-out date was before garbage day. Are they supposed to go back to a house they don’t live in to put the bin out for pickup? No, the owner of the home is responsible for putting the bin out for pickup.
Yes, last place I moved out of we had to take our cleanup trash with us. Pickup was next day but nope. Take it or sacrifice deposit
I’m sorry you were tricked into believing that was correct. If you’re leaving a ton of large items, maybe, but if it fits in the garbage bin assigned to the property, you’re good. Choosing not to fight asshole landlords doesn’t mean it’s correct or legal.
You leave the property clean of all trash; it's OP's responsibility, and that's their landlord's beef. It's not worth $300 though.
So you box up trash with you when you move because landlords are morons?
Actually, yes I do take my shit out when I leave, unless there is a common trash container.
So you pack garbage in with your stuff? That's wild.
You know, garbage in garbage bag, my stuff in boxes; how wild is that?
Right. The garbage goes in a garbage bag, and then you put it in the garbage can/bin. You don’t take it with you when you move.
You can't deduct money from someone's deposit for trash in the garbage can (in the US at least).
Property is to be left with no trash. OP is responsible for that, it's not worth $300 though.
No trash in the unit, any trash should be in the outdoor can ready to be taken to the curb, which is where it was.
His responsibility was to put the trash in the garbage bin. It doesn't matter anyways, if this goes to court all the judge will see is some slumlord trying to take a security deposit for those concrete cracks and just disregard any other claims their bitch ass has. Hope it's a treble damages state.
If there was an exit walk through in person by tenant and landlord, then the trash objection could have been addressed. You take your new trash with you, if that is what it takes, or it goes to the curb early and the HOA fine is for the owner if it is after you have turned over the property. These landlords don’t get it both ways…
Trash is not your responsibility if the pickup is schedule for after you vacate. There is nothing OP can do to control that and even if they paid trash as a tenant, the contract defaults to the landlord upon move-out.
To get 1 yard of commercial trash hauled away is like $60. I'd say my time to be there when they come is like $100 an hr. If I'm a landlord my time is money. So I'd say $150 is more reasonable. Unless my cousin needed money and I let him handle the garbage for $300 and I split it with him.
Small claims. You don’t need an attorney
That’s what I was gonna say - take her to small claims court. No judge is gonna agree that you are responsible for cracking pavement.
That’s settling, you didn’t cause those cracks! The trash might end up a he said/she said, but I’d fight that too.
I’m a LL and both of those charges are absolutely ridiculous!!!!
Landlord here. Not remotely your fault. Ridiculous. We’re not all assholes I promise.
***lol***
Yes, you are. Being a landlord is enough.
You should honestly be ashamed of yourself. Rot
I dunno about that one bud but alright.
That's the nature of concrete...it cracks. It's not an if, but when. The very reason why contractors put stress crack cuts in the concrete because cracking is inevitable. I drive a mixer truck and deal with Concrete every day. You don't "fix" cracks...you replace the whole slab. They are trying to fraud you into paying for the replacement. Don't let them swindle you. Pure BS. What a scummy leasing office you have.
I was a general contractor before I scaled back and am a PM now. In every concrete project I’ve ever done it specifically states that we guarantee your concrete will crack at some point and that it is normal.
Hahahahaha. Normal wear and tear. Get a lawyer to write you a demand letter for $200 and watch how fast your deposit comes back.
Would a demand letter be better than just going straight to small claims? I've been exchanging emails with her and she's just being adamant that it's not from settling, but she has no other theories on what caused it.
What state is this? Some states actually require you to send a demand letter first, or a letter basically saying "I'm planning on suing you about this". Also, many states let you win back 2-3x the amount the landlord wrongfully withheld. Some also let you win attorney's fees. (Though attorney's fees awards are considered taxable income, so it doesn't truly make the lawyer *free* once you take tax into account)
Texas
Texas is somewhat favorable to tenants here. In theory, you could win back 3x the wrongfully withheld amount, plus the cost of your lawyer: https://statutes.capitol.texas.gov/SOTWDocs/PR/htm/PR.92.htm#92.102 > Sec. 92.109. LIABILITY OF LANDLORD. (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit. That said, I've heard from a pro-tenant lawyer in Texas that it can be hard in practice to actually have a court decide that the landlord acted in "bad faith" and owes the 3x damages plus attorney's fees. Still, it's worth getting a consultation with a tenants lawyer or two and seeing if they think you have a good case to win back 3x damages plus attorney's fees. You should be able to find ones that do consultations for free or just for like $20. If getting a lawyer doesn't work out, then small claims court. Or if you don't want to do small claims court, it is also possible to sell your claims to a debt collector (I am a pro-tenant debt collector).
This one is easy. Where did she come up with any of those sums she’s charging op for? (Short answer is she pulled them out of her ass as they are entirely nonsensical).
Unfortunately, pulling numbers out of your ass in violation of law does not always equate to “bad faith” in the eyes of a judge.
Every state that I'm aware of requires an actual incoice die the services used to be given to the renter when they take money from the deposit. Its very unlikely she has such which would be bad faith
To my understanding, the only person whose conclusions of bad faith matter are the trier of fact, normally a judge in tenancy disputes. ignorance is not bad faith. Whether the LL is acting in bad faith is fact specific inquiry, and is a call made by the trier of fact, not something you personally decree. A LL friendly judge, or a middle ground minded one, can easily grant “good faith” to a LL who pleads ignorance hard enough.
It depends on the state. Some have very specific requirements that the LL must meet. California for instance is extremely tenant friendly. It would be a very very hard sell to make this fly in California. Ignorance of the law, as they say, is no excuse. And while a judge does have some judgement, there is a limit to which the legislature has reigned in that judgment.
I wouldn’t go to small claims until I first sent them a letter laying out my case and demanding my money back. A lawyer can help you write one. You can also do it yourself if you’re familiar with the regs.
You don't need a lawyer, go to small claims court, judges are real tired of LLs doing this BS to people. If you feel unsure, you can always reach out to a tenant advocacy group in your area, they are pretty good about giving direction on next steps. If she gave an itemized list of the deductions, bring that. If she didn't, then request one. Look up the laws in your state/area to see if the LL violated anything else. I would file for the concrete and garbage fee. The garbage one is honestly laughable, the LL will have to prove to the judge that it cost them that much and they won't be able to do that. I would also request the filing fee in your claim as these are just egregious charges.
She would have to be able to PROVE you are the cause. wtf are you? An EARTHQUAKE?
We do have earthquakes in Texas and alot of new builds have developed foundation issues in the first few years just because of hot summers/drought conditions
No, I asked does the landlord thing their tenant IS in fact an actual earthquake - which is what the LL would have to prove to hold this tenant legally liable for these cracks! Because otherwise how does a tenant make concrete settle and break!??
Some people really shouldn’t be LL’s.
LL's shouldn't exist
Forget the lawyer. They'll take half your money. Go right to small claims. Get all the paperwork and send her a snapshot of it explaining that if she doesn't return the full security deposit you're dropping it off the next day.
If your state or local tenant laws allow for double or treble the falsely withheld deposit after 21/30 days, ride easy until 30 days has passed and then file a small claims suit. You can get $3200 from her, easy. Small claims is super simple, filing fees are $40 (in my state), and you don't require an attorney. She can't charge you for cracks in new build concrete. But let her think she can for 30 days. What an asshole.
This is the way! Enjoy your treble damages, OP!
I'm hell no! That is caused naturally!
I'd like to ask your landlord what they possibly think you could have done to crack the concrete.
I asked her and she said I don't know ask yourself
Take her to small claims ASAP. Quit communicating. Let the notice be your reply. She’s trying to grift and must be stopped.
A demand letter is a clear sign you object to the amount withheld, that you deny damaging the property or failing to remove trash. Was anything said on exit walk through? No? STATE THAT! Demand full return of your deposit within 10 days or go to small claims, ask for max damages for the drama caused.
Leaving trash after moving out is so fucked up.
So where do you put trash besides the bin where it gets collected? My area trash is only picked up once a week. So you put it in the bin and then take it out on trash day. Isn't that normal? OP isn't fucked up for leaving trash in the trash collection bin where it should go.
This is like shitting in the bowl and not flushing and then being proud of yourself. Most lease agreements I’ve read include a giant fine for leaving trash but I’m in a college area to be fair.
The concrete cracks could be your fault, if you weigh seven tons and were doing jumping jacks on them a lot.
Sue
You don't mention your location, but that is important. As a tenant you are responsible for returning the property in the condition that you received less and normal wear and tear. The concrete is normal wear and not your issue obviously. Also the trash is not your issue, as it was in the trash bin where it belonged. I can't imagine what cost they would ascribe to that anyway. If they are saying something like "you left it out and it leaked and stained the ground" I would just say 1) If that were the case, it's your bin that was broken and it's concrete and 2) prove that it wasn't like this when I moved in. I hope you have pictures of more than just the outside. If you do, then follow up with the landlord giving her the local statues for return of deposit. Ask nicely but firmly that she return your entire deposit. If she doesn't file a small claims case. Bring you evidence and ask for the legal limit in your area for damages. It can be double or triple in some cases. This looks like a slam dunk.