Landlord damages property after tenant leaves
Fort Mill, SC · Member since 2013 · 3 posts · 0 votes
I have a friend who moved out of a house and left it in great condition, actually better than when he moved in, (I know because I helped them move). The landlord went in after and damaged the property (or someone did) and now he is charging the tenant and not returning the deposit. The tenant took pictures of the house prior to leaving the property. The landlord is a crazy person with mental difficulties.
What can the tenant do about this situation and get his money returned?
Small claims court, with all the evidence they have.
I'm trying to figure out first of all why anyone in their right mind hir a landlord not in their right mind???....
On a serious note, there's no better advice than a a lawyer at this point, but yes small claims court would also be a good avenue to pursue, as it will most likely end up there anyway after you speak to a lawyer.
This.
Why on earth would a property owner voluntarily damage their own property?
Pictures at the final move out walk-through are a good idea. Hopefully that's when you have pictures with a timestamp from. If you took pics the week before move out, that might not be as convincing in small claims court.
Small claims court if you have enough evidence (dated photos, etc.) is probably your best bet.
Did your friend lock the property?
Did anyone else have a key?
Could the property have been broken into?
Did the landlord come over and walkthrough with the tenant when the friend returned the key to the landlord?
Did any neighbors witness anyone entering the property after the move out?
Does the friend have timestamped photos, move out checklist, etc.?
Tenant did take pics of the property prior to leaving and did definitely lock the property. Tried several time to get landlord to do a walk thru and he would not do so. He showed the property and rented without a walk thru. The landlord would show up without notification during the rental, park outside and call the tenant and make him move vehicles so that he could pull onto section of the property w/o walking to it. He constantly harrassed the tenant about where he parked his personal and work vehicles (which were parked behind what was supposed to have been a finished enclosed fence, which landlord never finished. Landlord told Tenant at one time he wanted him to park BOTH vehicles at the very back of property where there was no night lighting and was approximately 50 yards from front entrance to the house. Also the back entrance to the house was never fixed with locking door which the Tenant requested prior to signing lease and was told oh I will do that after you move in (same as with the fencing). Tenant had a boat that was parked by outbuilding near back of property which the landlord knew he had when lease was signed. After moving in Tenant would find notes taped on his door and to vechicles and boat that said "I will tow these if you do not move them in 24 hours.
Tenant moved in with no painting done and the house was a uncleaned, with carpets hold massive amounts of animal hair from previous tenant. Tenant needed to move in so he just accepted the situation and cleaned the carpets with his own carpet cleaner.
As stated the landlord would show up unannouced and say he wanted to do something on the property. Then he would start an argument with the Tenant about whatever subject he could. Grass was cut every week by Tenant very low and house/yard always well maintained and weeded. Yet landlord would say when are you mowing grass? (it was only about an inch long when he would ask!)
Landlord planted small trees on property that died, and then Landlord knocked said trees over with hands and then replaced the trees standing up and then blamed tenant because they were dead!
THe landlord's own family stated he should never be a landlord that he was horrible at the business. The man obviously to most people had a personality disorder or was bi-polar and not on meds.
ALl the neighbors surrounding the property told Tenant that no one could stay in the house for long becuase the old man treated them so very unfairly.
Tenant is just very frustrated and needs to resolve the issues of this man's harrassing attitude/demeanor and get his deposit back. At this point he may even ask for payment for the stress the landlord put him thru, but will be very satisfied with the return of his money.
Something is not clear to me:
Was the lease finished or did the tenants move out due to harassment by the landlord?
Because the neighbors said that tenants don't normally stay long, that would seem to me that they may have not stayed through the lengths of the lease. If that is the case, I'm not sure that they can really expect their deposit back.
The lease is always month to month with this landlord. I do not know if he expects people to move or try to break the lease or what.
THe neighbors has indicated that some very nice, respectable people have been in the house but no one ever stays very long.
This particular tenant thought the guy, when he met him, was a straight-up good landlord. But his trouble started about 2 weeks after he moved in and never let up. THe landlord would call and scream and yell and was just completely off crazy!
So, let me guess... you're actually the tenant here?
Tenant is pissed and bitter, but a tenant wanting to get money for a former landlord's attitude is excessive and unlikely to happen.
Tenant should go to small claims to get security deposit back by showing photos of the property in good condition, and move onueing someone for their attitude is silly. Expecting payment for "stress" is equally silly. So tenant was told where to park... big deal. with their lives. Be glad it was only a month to month lease.
Then, after getting security deposit back, tenant should move on with their lives and find a landlord with a good local reputation. And not accept keys to move in if the property is filthy or doesn't have locking doors.
Landlord should have given tenant a property with doors that properly lock. Tenant should make such a repair request in writing so there's proof of request.
Tenant should not have agreed to move in if the property wasn't clean. They probably signed the lease that said "I accept this property in the condition it is in", got the key, and moved in. Word to the wise: don't move in and accept property as is if it's unacceptable to you and don't accept key until after repairs are done.
Landlord can instruct a tenant where to park on a property and can limit vehicle types or ban boats. What does the lease say about parking and vehicle limits? I don't see how instructing a tenant where to park or giving tenant notice to move vehicle into designated parking is "harassment."
Landlord should give notice per their lease and/or local laws about when they will be entering property for non-emergency repairs and not just show up. I'm guessing tenant willingly let landlord inside to do some work? Tenant should read their lease rules and if not given proper notice per the lease for non-emergency repairs, ask the landlord to return the next day when they're expecting them.
I asked if any witnesses saw someone break in like you're alleging that happened. Or that landlord went in and damaged the place. What proof do you have of either of those statements? What is landlord saying was damaged, e.g. stains all over carpet? Do you have photos showing that what the landlord said was damaged was actually not damaged, time stamped right after move out?
It's hard to believe that a landlord would damage his own property. That doesn't make sense. He's paying for repairs and doing the work/hiring it out. Why would he do that? Most repairs cost more than a small deposit. Was it a huge deposit?
How long ago was move out... could a more recent tenant have actually damaged the property and the landlord is confused as to who caused the damage?
Did tenant pay rent and complete the month to month lease and give proper notice to vacate per the lease?
Something is missing here. Landlords calling to scream at tenants? I can't imagine a landlord doing that unless tenant also yelled. If tenant didn't yell and only landlord did unprovoked, tenant should have given proper notice to vacate and gotten out of there... or perhaps have contacted their local housing authority.
The tenant's frustration over the landlord's attitude and demeanor is irrelevant here. That doesn't matter in this situation. Some people don't get along. That's life. The tenant needs to go to small claims, get his security deposit returned if he can prove that he left the property within damage, and move on with his life. What the landlord's family thinks about him is also irrelevant. The landlord, if truly screaming without provocation from tenant, has poor customer service skills and that's his problem or his businesses problem now that you no longer live there. Eventually his business will be affected and his property will be vacant if he truly is screaming at tenants without their provocation. That's his problem.
Your issue here is the security deposit-- not the landlord's attitude. Suing over "stress" or someone's attitude is silly and unlikely to get you anything. And I'm assuming you don't have recorded phone calls of screaming either. The issue here is strictly that the security deposit isn't returned. Ask your lawyer for documentation of damage from the landlord and seek the deposit back in small claims court. It's hard to believe that a landlord would damage his own property, but you say you have photos on move out day. Show the photos to your lawyer.
Get the security deposit back by going to small claims with the time-stamped photos showing the property in undamaged condition, move on with your life, and find a landlord with a good local reputation next time. Before going to small claims, make sure that you completed the lease terms and gave proper notice to vacate--- if you didn't, perhaps that's why your deposit isn't being returned.