Landlord being quite unreasonable

[Patrick1649]

I recently moved (August 1st), with my fiance, out of an apartment and into a new home. The apartment was in a 3-family house and is located in Connecticut. In addition, the landlord was the previous tenant of the apartment that we occupied. Now to the interesting stuff. When my fiance moved in (about 10 years ago), the landlord/previous tenant had left the oil tank empty. When my fiance questionned him on this, he stated that he would recoup this expense upon her leaving. Well, we just moved-out and he is holding this money (275 gallons @ $379.9/gallon = $1044.72) "hostage" along with the security deposit. He claims that damage, beyond the normal wear and tear, was done and that cleaning will be required. It just so happens, so conveniently, that the total for the cleaning required exceeds the security deposit and the amount owed us for the oil. My fiance never signed a move-in inspection sheet & the lease was an oral, month-by-month agreement. The carpeting, walls, tiles, etc. were never in great shape and, ironically, he was the one that caused the pre-existing damage (as he was the previous tenant & is also the one moving back in). Does he have the right to hold the oil money "hostage" along with the security deposit? He has already agreed, in writing, that he is responsible for the oil but is not willing to pay-up. I'm not quite sure what the tenant's rights are in the state of Connecticut. Did we screw up by not insisting on a move-in inspection/walk thru with the landlord, or did he screw up by not insisting on one. Moreover, we were not involved in the move-out inspection. How can he make these claims regarding the "damage?" I can see him holding back on the security deposit for now, but cannot see how he can decide how to spend the oil money. Please let me know what you think.

 

[presutin]

You screwed up on both. The move in and move out inspections are a must no matter what the landlord/tenant laws of the state you live at state - it prevents unreasonable disputes and it documents the facts.
As far as holding the deposit hostage for the oil, I would check out what the landlord/tenant laws say in CT - here is a link for you. http://www.jud.ct.gov/lawlib/Law/landlord.htm.
Regarding the security deposit landlords usually have up to 30 days to send you a breakdown of what the security deposit was used for and you can request the receipts to verify his claims. If you don't agree with the charges, take him to small claims court to dispute that. Hope this helps!