All you lawyers out there... or anyone else

Bartino

Senior member
Jun 27, 2005
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ok kind of a long story but i will try and abridge the parts that i can.

So my wife moved out of her old apartment like 3 months ag because we got a town house when we got married. I am sure most of you are familiar with the whole "check out of your apartment" routine, and she had to do all that. The manager was a real piece of work and had like OCD about cleaning because when she came to check things out she made my wife scrub the baseboards with a toothbrush.
Anyways she goes thru the check out process, and during that they are supposed to tell you any damages that are going to be covered by your security deposit. The only things that were pointed out to my wife were some "shadows" on the walls from where she had pictues/mirrors hanging up. They could have been caused from burning candles or any room that has sunlight going into it, when you take pictures down there are going to be coloration differences where the pictures were hanging, which to my understanding qualifies as "normal wear and tear." So the manager of course points those out and my wife scrubbed and scrubbed but couldnt get them off. She was told that they would probably have to be painted over but it would be no big deal because it was only 3 spots and the touch up work wouldnt be expensive. So she signed the paper and checked my wife out. We told her just to let us know ASAP what the cost would be or whatever for the painting.
So like 3 months go by and they make no real attempt to get a hold of us. My wife finally decides to call them just to get things squared away and she is told that we had a to pay $900 or else she was taking us to collections the very next day. So my wife calls me and I about crap a brick. I talk to the manager and ask WTF, and she says that afterwards the owner went thru and found all sorts of "additional" damages, none of which were pointed out byt the manager in the checking out process and none of which were documented on the sheet my wife and the manager signed. She said that there was smoke damage in EVERY room because when we burned candles it got into the AC and therefore damaged the entire apartment. After a nice good convo with her it boiled down to her saying that we had to pay the cost of repainting the ENTIRE apartment along with a bunch of other bogus fees that just popped up all of the sudden.
So, I am not one of those people that trys to get out of paying for things, but this really feels like we are getting taken advantage of, and that these people are just looking for a free paint job. They already moved new tenants in, so right there it shows that the paint job really wasn't that big of a deal. Anyways, any advice or suggestions would be nice. I am at the point right now where I am ready to take it to court because I dont want my credit to get screwed by being sent to collections.
 

jtusa

Diamond Member
Aug 28, 2004
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I would think if they aren't documented on the walkthrough paper that she signed, then you're not liable. I'm not lawyer though.
 

Skeeedunt

Platinum Member
Oct 7, 2005
2,777
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I thought they couldn't charge you for painting? The whole thing sounds like BS. Own them and report back.
 

SolMiester

Diamond Member
Dec 19, 2004
5,330
17
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You said there is a documented release form that has been signed by both parties, game over, you are in the clear. You dont need to be a lawyer to work that one out. I would counter sue for your money balance immediately!
 

altonb1

Diamond Member
Feb 5, 2002
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Originally posted by: SmoochyTX
How long had she lived there?

This question is important because the answer determines a LOT! Painting he apt is considered normal wear and tear. However, that can be passed on to the tenant IF the riginal paint was changed and additional coats are needed for whatever reason. (ie. if the walls were white when you moved in, but you got all EMO and paint them back, you are responsible for any painting that is required above and beyond the standard 1 coat. If it takes 4 coats to finally cover the black, you would have to pay for 3 of them. Also, if a lease is broken, you may be responsible for a pro-rated portion of the "reconditioning" costs of the apartment.

Now...with that in mind...I am not a lawyer. HOWEVER, I have lived in 9(?) apartments and have found this to be the standard.

Regarding the "smoke" issues, I'd say the landlord is full of it. Candle smoke is not going to ruin th a/c, nor would I say candle smoke will cause "smoke damage."

EDIT: Oh yeah...and the above is basically moot since the apt was already turned over and damage documented by the manager and agreed to by the tenant. They can't claim damage after the fact.
 

SmoochyTX

Lifer
Apr 19, 2003
13,615
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Originally posted by: altonb1
Originally posted by: SmoochyTX
How long had she lived there?

This question is important because the answer determines a LOT! Painting he apt is considered normal wear and tear. However, that can be passed on to the tenant IF the riginal paint was changed and additional coats are needed for whatever reason. (ie. if the walls were white when you moved in, but you got all EMO and paint them back, you are responsible for any painting that is required above and beyond the standard 1 coat. If it takes 4 coats to finally cover the black, you would have to pay for 3 of them. Also, if a lease is broken, you may be responsible for a pro-rated portion of the "reconditioning" costs of the apartment.

Now...with that in mind...I am not a lawyer. HOWEVER, I have lived in 9(?) apartments and have found this to be the standard.

Regarding the "smoke" issues, I'd say the landlord is full of it. Candle smoke is not going to ruin th a/c, nor would I say candle smoke will cause "smoke damage."

EDIT: Oh yeah...and the above is basically moot since the apt was already turned over and damage documented by the manager and agreed to by the tenant. They can't claim damage after the fact.

Yeah, the reason why I asked is because I've lived in my apartment for several years now. I'm a smoker and the complex knows it. There's nothing in my lease saying that I can't smoke inside my apartment either. Each year, management comes in and does a walk-through of my apartment looking for things that might be wrong (leaky faucets, checking smoke alarm, fire extinguisher, etc) stuff like that. They also take note of other things that I've pointed out to them like the bottom of my front door beginning to rot out from moisture.

Anyway, in my complex I'm allowed a full re-painting of my apartment once a year and a full carpet cleaning each year as well, both of which THEY have to do. I just have to tell them when I want it done. I don't have to have it and it won't go against my deposit if I decide to skip a repainting. But I know for a fact that newer tenants (those who have been here a year or less) will have repainting costs removed from their deposits.

And there's no way candle-burning will mess up the A/C. LOL

That's why I asked how long she'd been there though.
 

TheNinja

Lifer
Jan 22, 2003
12,207
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I'm no lawyer, but if you already signed the checkout paper then you can tell them to ah heck off. For all you know someone else was in that apartment for 3 months and trashed it. When you did the final walkthrough they documented what they found and the manager signed off on it....end of story.
 

XZeroII

Lifer
Jun 30, 2001
12,572
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According to Wisconsin law (May be different elsewhere)
They have 3 weeks to tell you now much you will get back on your deposit. If they don't, then they OWE YOU twice your deposit. They MUST give you a detailed, itemized list of all damages plus costs at this time.

Assuming the law in your state is the same as WI law, he has to take you to court to get those costs. Collections won't do anything. The courts will find in your favor.

I am not a lawyer, but I am a landlord in WI.