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Rented cabin and now landlord is trying to eff us

S

Stojakapimp

Platinum Member
So a bunch of friends and I rented a cabin up in Lake Tahoe for New Years. A few days ago, we heard from the landlord saying that she found a black ring on the wood countertop, probably caused by placing a hot pot or pan on it, that will need to be fixed. She obtained 3 estimates and said the cost would be anywhere from $300-$400.

None of us ever remember placing a hot pot or pan on the wooden counter. Plus we cleaned the place up really well before we left and I think we would have noticed something like that. So obviously we don't think that we did this and do not want her taking up to $400 from our security deposit.

On top of that, we found out that she doesn't even own the place, but that a friend of hers owns it and is letting her live there.

So my questions are:

- How do we fight this even though our only "proof" is that none of us remember leaving a hot pot or pan on the counter?

- Can she even legally rent the cabin to us even though the house is not in her name?

Thanks!

UPDATE:

After telling the landlord that the stain can probably just be sanded down, she agreed and got estimates on that. Because sanding would make that spot on the counter lower than the rest of the counter, she's claiming that the entire counter on the side of the kitchen where the stain was will also need to be sanded. That would make the cost about the same as before: ~300-400.

Is this true that sanding down that stain would make the counter so uneven that they would need to sand down the rest of it?
 
she has your deposit and refuses to return it? or is just asking you to pay that much?

if she doesn't have a deposit that is being withheld, make her sue you for it in small claims court, how can she prove you did it?
 
Originally posted by: FoBoT
she has your deposit and refuses to return it? or is just asking you to pay that much?

if she doesn't have a deposit that is being withheld, make her sue you for it in small claims court, how can she prove you did it?
Click to expand...

She does have a security deposit, so she would deduct the cost from that. I read a little bit about it and believe she has 21 days to return our security deposit, either in full or with the amount deducted.
 
Its hard to prove, from either side.

Ask for a picture and then show your friends. Maybe someone remembers something. if they did then be honest. If not then hard to say.

If she has your deposit then she will keep it and you have to sue. If you have all your money then she has to sue you.


 
Tell the woman that you want to speak to the property owner. She doesn't own the cabin, so she should have no authority over this kind of stuff IMO.
 
Originally posted by: Stojakapimp

She does have a security deposit, so she would deduct the cost from that.
Click to expand...

A security deposit for a short stay? How long were you there?

I've rented houses for weekends before & the only deposit I've ever had to give was just for the reservation. And, that was just deducted from the final payment.
 
Originally posted by: Stojakapimp
So a bunch of friends and I rented a cabin up in Lake Tahoe for New Years. A few days ago, we heard from the landlord saying that she found a black ring on the wood countertop, probably caused by placing a hot pot or pan on it, that will need to be fixed. She obtained 3 estimates and said the cost would be anywhere from $300-$400.

None of us ever remember placing a hot pot or pan on the wooden counter. Plus we cleaned the place up really well before we left and I think we would have noticed something like that. So obviously we don't think that we did this and do not want her taking up to $400 from our security deposit.

On top of that, we found out that she doesn't even own the place, but that a friend of hers owns it and is letting her live there.

So my questions are:

- How do we fight this even though our only "proof" is that none of us remember leaving a hot pot or pan on the counter?

- Can she even legally rent the cabin to us even though the house is not in her name?

Thanks!
Click to expand...

She may be able to rent the cabin, it depends on what her agreement with the owner says. In general, unless her agreement specifically bars her from renting to you, her rental agreement with you is valid, though the owner also becomes liable to you for damages you may suffer due to her actions.

When you say you rented in "Lake Tahoe", do you mean South or North shore? CA or NV? Douglas County, Washoe County, El Dorado County, etc?
 
Originally posted by: Xanis
Tell the woman that you want to speak to the property owner. She doesn't own the cabin, so she should have no authority over this kind of stuff IMO.
Click to expand...

Unless the owner made her the authority. Kinda like how a lot of people rent out their houses, but defer to a management company to take care of the business. In this instance, it's a case of favors. She manages the property, but gets to live their for free, or a reduced rate, during the off season, probably.
 
Originally posted by: Fmr12B
She must provide you with proof - she needs to take pics.
Click to expand...

And copies of the estimates and work orders showing the work was done or counter replaced. Call to verify they are legit too. You might even ask her to find the pot/pan in the house that she thinks left the ring, assuming you didn't bring your own cooking utensils.

And are you sure someone in your group didn't do it and just doesn't want to fess up?
 
Originally posted by: Fmr12B
She must provide you with proof - she needs to take pics.
Click to expand...

Not really. If anything in those cases, he or his friends needed to take pics when they first occupied the space. But whoever does? If she didn't already have their deposit, she'd have to take it to them, with pics and all that.

My Florida landlord completely hosed me and my wife from a portion of our deposit because they said we didn't cut the grass and that the carpets had to be professionally cleaned because they smelled.

Fact is that we cut the grass the day before we left (the day before our lease agreement ended) and we both vacuumed and steam cleaned the carpets. However, they waited right up to the limit to check things out. Something like a month of a closed house with the AC shut off, per their orders.

Naturally, the fucking grass was going to grow, and the house would smell musty without the AC pushing air through. Had they just turned on the AC, sprayed some febreeze and waited a couple days it would have been fine.

Anyway, they withheld $300 of the deposit and their wasn't shit I could (or was willing to) do outside of filing complaints with the BBB and such. I certainly wasn't going to waste my time and money flying across country to Florida to sue them.
 
Originally posted by: Gooberlx2
Originally posted by: Fmr12B
She must provide you with proof - she needs to take pics.
Click to expand...

Not really. If anything in those cases, he or his friends needed to take pics when they first occupied the space. But whoever does? If she didn't already have their deposit, she'd have to take it to them, with pics and all that.

My Florida landlord completely hosed me and my wife from a portion of our deposit because they said we didn't cut the grass and that the carpets had to be professionally cleaned because they smelled.

Fact is that we cut the grass the day before we left (the day before our lease agreement ended) and we both vacuumed and steam cleaned the carpets. However, they waited right up to the limit to check things out. Something like a month of a closed house with the AC shut off, per their orders.

Naturally, the fucking grass was going to grow, and the house would smell musty without the AC pushing air through. Had they just turned on the AC, sprayed some febreeze and waited a couple days it would have been fine.

Anyway, they withheld $300 of the deposit and their wasn't shit I could (or was willing to) do outside of filing complaints with the BBB and such. I certainly wasn't going to waste my time and money flying across country to Florida to sue them.
Click to expand...

That's why you schedule a walk-through for the day you hand over keys. They have to accommodate you and do it and when you are done you'll have your deposit - any charges you agree to.

 
Originally posted by: sactoking
Originally posted by: Stojakapimp
So a bunch of friends and I rented a cabin up in Lake Tahoe for New Years. A few days ago, we heard from the landlord saying that she found a black ring on the wood countertop, probably caused by placing a hot pot or pan on it, that will need to be fixed. She obtained 3 estimates and said the cost would be anywhere from $300-$400.

None of us ever remember placing a hot pot or pan on the wooden counter. Plus we cleaned the place up really well before we left and I think we would have noticed something like that. So obviously we don't think that we did this and do not want her taking up to $400 from our security deposit.

On top of that, we found out that she doesn't even own the place, but that a friend of hers owns it and is letting her live there.

So my questions are:

- How do we fight this even though our only "proof" is that none of us remember leaving a hot pot or pan on the counter?

- Can she even legally rent the cabin to us even though the house is not in her name?

Thanks!
Click to expand...

She may be able to rent the cabin, it depends on what her agreement with the owner says. In general, unless her agreement specifically bars her from renting to you, her rental agreement with you is valid, though the owner also becomes liable to you for damages you may suffer due to her actions.

When you say you rented in "Lake Tahoe", do you mean South or North shore? CA or NV? Douglas County, Washoe County, El Dorado County, etc?
Click to expand...

This was at Squaw Valley, so California side.
 
Originally posted by: Paladin3
Originally posted by: Fmr12B
She must provide you with proof - she needs to take pics.
Click to expand...

And copies of the estimates and work orders showing the work was done or counter replaced. Call to verify they are legit too. You might even ask her to find the pot/pan in the house that she thinks left the ring, assuming you didn't bring your own cooking utensils.

And are you sure someone in your group didn't do it and just doesn't want to fess up?
Click to expand...

Yeah, I'll see if we can get the estimate from her.

From what I've read, she has 21 days to provide us with an itemized deduction of the cost, including invoices and estimates. If the work can't be reasonably done within 21 days, then she can give us an honest estimate, which I suppose is what she did when she quoted us $300-$400.

So far nobody has fessed up to leaving a hot pot on the counter. But yeah, I'll definitely try to figure out what pot it would have been, because I remember everything we cooked and every pot or pan that we used.
 
Originally posted by: Xanis
Tell the woman that you want to speak to the property owner. She doesn't own the cabin, so she should have no authority over this kind of stuff IMO.
Click to expand...

Exactly. I don't think the property owner would be too happy about their tenant renting out the house to someone else that they didn't initially approve. I know that I wouldn't.

You should get ahold of the property owner ASAP and let them know the situation if she doesn't return the security deposit. She never had any right to rent the place out in the first place.
 
Originally posted by: Stojakapimp
So a bunch of friends and I rented a cabin up in Lake Tahoe for New Years. A few days ago, we heard from the landlord saying that she found a black ring on the wood countertop, probably caused by placing a hot pot or pan on it, that will need to be fixed. She obtained 3 estimates and said the cost would be anywhere from $300-$400.
Click to expand...

Upon further reflection, the countertop was obviously unfinished. Tell her to go to United Rentals, pay $20 to rent a random orbit sander, pay a goon $10 to sand the countertop, and send you the other $270-370. A solid wood countertop, unfinished, with a scorch mark can just be sanded, it does not need to be replaced.
 
Originally posted by: Crusty
Originally posted by: Gooberlx2
Originally posted by: Fmr12B
She must provide you with proof - she needs to take pics.
Click to expand...

Not really. If anything in those cases, he or his friends needed to take pics when they first occupied the space. But whoever does? If she didn't already have their deposit, she'd have to take it to them, with pics and all that.

My Florida landlord completely hosed me and my wife from a portion of our deposit because they said we didn't cut the grass and that the carpets had to be professionally cleaned because they smelled.

Fact is that we cut the grass the day before we left (the day before our lease agreement ended) and we both vacuumed and steam cleaned the carpets. However, they waited right up to the limit to check things out. Something like a month of a closed house with the AC shut off, per their orders.

Naturally, the fucking grass was going to grow, and the house would smell musty without the AC pushing air through. Had they just turned on the AC, sprayed some febreeze and waited a couple days it would have been fine.

Anyway, they withheld $300 of the deposit and their wasn't shit I could (or was willing to) do outside of filing complaints with the BBB and such. I certainly wasn't going to waste my time and money flying across country to Florida to sue them.
Click to expand...

That's why you schedule a walk-through for the day you hand over keys. They have to accommodate you and do it and when you are done you'll have your deposit - any charges you agree to.
Click to expand...

Yeah, actually, we tried. They blew us off and I couldn't exactly hold back my move date. Complete scammalicious slumlords. Oh well..live and learn. We posted about them on every rental/landlord review website we could find.
 
Sanding down enough to get the scorch mark out could create a small dip.
The entire side should not have to be saned down, just enough to feather out the dip.

After sanding, the counter may have to be resurfaced.

Because you did not do a walk through when you left, it sounds like, you are going to be out the $400 no matter what happens. It is not a coincidence that both costs come out the same

Your only other option is to go there yourself and run the estimates independently of the representative.
 
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