suing landlord in small claims

[justmeingb]

Instead of me receiving my security deposit within the required 21 days, I recieved a bill. They were withholding my entire $900 security deposit claiming they had paid $256 to the water department and the balance was for damages (stains) to the carpet. Carpet that was not ripped out after my move as the new tenant moved in 1 day after I moved out.

Regarding the water bills...They claimed to have paid 3 bills on my behalf. When I called the Water Utility company for a print out for the entire 2007 bills and payments, there was not one payment received in the amounts the landlord claims to have paid.

Regarding the carpet damages, I had lived in the unit for 3 years with 3 kids. I admitted to 3 stains that I tried very hard to get out and only made it worse. But these stains were in areas where furniture would be placed and covered up. The landlord took pictures of the "stains". at least 4 pictures per stain to make it look like there was a boat load of stains I left.

They are also claiming that there are stains on the stairs going up to the bedrooms. I claim these "stains" are from feet and shoes.

What are my chances for double damages since they lied about the water bill?

Also, are landlords allowed to just walk onto the property and inspect the yard area without notice? They were basically snooping and trying to look inside the unit.

 

[seniorjudge]

Sue the bad people in small claims court for the total of the actual and direct dollar amount of damages you suffered.

 

[presutin]

A couple of things that Senior left out - First - you should have filled out an inspection form when you moved into the unit. That would have documented all the problems with the carpet so your landlord would not be putting blame on you and would help you with your claim in Small Claims Court; however, if you added stains that are hard to come off to the already existing ones, unfortunately, that means that the carpet needs to be replaced and the landlord can claim the damage for the area where the stains were added. Now, as far as the walk in, your LL is not allowed to do that without proper notice. Your lease agreement should have a clause regarding notices from the LL to inspect the property. Finally, you can sue the LL for the water bill payments that she neglected to pay the water company for. As far as double damages, check the Landlord/tenant laws in your state. Good Luck!