- June 29, 2024
- Posted by: legaleseblogger
- Category: Related News
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TL;DR
Landlords are charging my wife and I about $600 for damages that existed before we moved in. The damages include $440 for linoleum floor replacement and $144 for a dent in the dishwasher. We don’t have pictures of these damages because we assumed they had been documented beforehand. We’re seeking advice on how to handle this situation.
State: Montana.
The Situation
My wife and I moved into a large duplex in November, shortly after we found out we were expecting our first child. We didn’t take pictures of the property before moving in, assuming the landlord would have documented any existing damages. Unfortunately, this assumption proved to be a mistake.
The landlord is an elderly Christian couple who lived next to us in the other side of the duplex. We had a good relationship with them, and they had even offered to babysit our child when we had more kids. However, on my wife’s due date, they unexpectedly sent a notice for the non-renewal of our six-month lease, citing zero prior indication or conversation. This came as a shock to us, especially given our intention to stay in the property.
The Damages Claim
The landlord has sent a list of damages, which includes:
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$385 to fix some wall damage (spackle + paint)
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$288 to replace the dented front of a dishwasher — We were charged $144
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$880 to replace the linoleum kitchen floor because of a hole in one square — We were charged $440
I’m not disputing the wall damage, as I did cause some accidental damage during the move. However, I firmly believe that the dishwasher dent and linoleum floor hole were existing damages that the landlord should have disclosed and repaired before we moved in. I’m worried that we’re being taken advantage of and don’t want this to reflect poorly on our renting history.
Seeking Advice
We’re looking for advice on how to handle this situation. Have we screwed ourselves by not taking pictures of the property beforehand? Is there anything we can do to negotiate with the landlord or dispute these damages? How can we avoid paying the $600 in damages that we believe are not our responsibility?
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Accurate assessment of our rights and responsibilities under the lease agreement
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By leveraging AI Legalese Decoder’s capabilities, we can take a more informed and strategic approach to resolving this situation, reducing our stress and anxiety, and protecting our rights as tenants.
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****** just grabbed a
When you moved in, did you notate the damages (not necessarily with pictures, but any kind of notation) on your inspection form?
Did you receive a separate statement of the condition of the property and/or a copy of the previous tenant’s list of damages when you signed your lease? Per Montana law, they have to do this if they want to be able to deduct damages, unless they can convincingly prove that you caused them.
https://leg.mt.gov/bills/mca/title_0700/chapter_0250/part_0020/section_0060/0700-0250-0020-0060.html
If they noted no damage to the property and you agreed to that assessment, then you definitely screwed yourself.
FWIW, your security deposit deductions aren’t officially recorded anywhere. Evictions are really the only thing that shows up; anything else is up to the landlord’s discretion if they’re called as a reference.