- Jurisdiction
- Hawaii
Here's the background:
I rented a room from a friend with a lease for 3 months and then month to month. I paid my rent on time every month and gave her a security deposit as per the lease. I gave her my 30 days notice and then she asked if my bf and I would like to rent her entire apartment because she was going to move out and move back home. The whole time I rented a room for her I did not stay in the apartment except for one night. I agreed to rent the entire place after my lease ended on April 19, she said the new lease would start on May 1. I paid for the room for the entire month of April but she said it was ok and took it as part of the month of May's rent. Since she was a friend we texted asking when we can move in and she said they would be moved out by April and we could start moving in. We notified her when we were moving in and she emailed that she would be leaving two boxes of decorations, a microwave, and a black sleeper sofa that was not already in the apartment. When we moved in we found everything except her clothes and bed were still there, including a blue couch, multiple tables, dishes (in the cabinet and dirty dishes in the sink), Tupperware, various things under the bathroom and kitchen sinks, and various small things. The apartment was also very dirty with mold all over the bathroom, grease on the walls and stove, dirty dishes in the sink, stains on the carpet and walls, cigarette buds on the lanai, and pee stains on the lanai. We told them we would clean it, thinking we were doing a friend a favor. We signed the lease and she did not take it with her, she was present when we moved in. We thought she were still in the process of moving so we let them keep their stuff there for another month and a half. After repeatedly saying she will take her things but not showing up, we packed up her belongings and asked her to pick it up. After taking her things she emailed us asking us to pay for a rental unit to store her belongings, $239/month plus fees and that she would email us an edited lease. We did not agree as we had not been told this before she took her things and we had already been living there for 2 months.
After living there for 3 months, she asked us to pay a security deposit for the amount equal to the rent. I did not agree since she did not give us an inventory but my bf gave her a $1600 deposit anyway.
When the lease was 2 months from ending, she told us she would be increasing the rent so we declined to renew the lease. She told us to have the carpets professionally cleaned since we had a dog and we informed her there were stains from when she lived there and she acknowledged that. When we moved in she did not give us an inventory of any kind except an email that said she will leave two boxes of decorations. She gave us one day's notice that she wanted to do a showing the next night. I replied that we would not be home but our dogs would be so it would be difficult for her to have the showing but she had the right to do so if she wanted to. I informed her that we would vacate the unit by October 16, 15 days before our lease was up and it would be easier for all of us for her to show it then or any weekend, but again it was her right to show it when she wanted to. She decided to cancel her showings and come over to do an inspection. On inspecting the unit, she, her fiancé, and mother said the unit was fine. We informed her months before our dogs had chewed a small portion of the tv cable and she said it was fine, which she reaffirmed during the inspection.
After that point, her fiancé took over as the property manager and informed us in an email that they would pay for the carpet cleaning and to fill any holes made (we used two thumbtacks). I emailed him that we would move out by the 15th. When we did move out, I notified him and sent him pictures of the unit. I had scrubbed all the walls, the floors, and the entire kitchen. We cleaned the entire bathroom and replaced the bath mat and shower curtain because it was disgusting with mold. We had taken down one of the decorations she left (a tiny shelf), and let him know. We also informed him of a door that was already broken when I moved in and rented a single room. We asked him to let us know if he wanted us to fix anything, thinking the place was left in better condition than we received it. He said he would inspect the next day. After a few days I asked again if he wanted us to fix or do anything and he said he'll just take the keys. Again, no inventory of any kind or checklist.
They inspected the apartment and had two showings. After not being able to find a tenant, they claimed we "ruined" her apartment. This was 10 days after we moved out and he did not give us things that needed to be fixed, receipts, or estimates. He claimed we damaged her laminate flooring in a small area, cabling, carpets, plumbing, and made multiples holes in the walls. I said I was not given my original security deposit back so please use that money to make the small repairs. Later, he claimed the building mandates a professional contractor redo the entire flooring and that we needed to pay for the labor, this is now 13 days after we moved out and he still did not give us an estimate. I informed him I do not agree because the original flooring was put in by the owner, not a professional contractor, and the extent of the damage was only 30sf, the total material cost for everything they claimed which now included the already broken door, a clogged drain (it worked the whole time we lived there), cabling, carpet cleaning, new paint, filling in holes, and cleaning supplies was less than $200, as an engineer for a construction firm I knew the exact cost. I asked that he use the money I had originally give, $400, and that we will not give them anymore money.
After 16 days, he sent us a written list of repairs and an estimate for a professional contractor, as well as a copy of a lease electronically signed on 6/30, two months after we moved in, that had been edited, and claimed we did not pay the final electric bill which we do not receive directly but was instead texted to us each month. The total has now amounted to $3861.98 and says more charges are TBD. At this point I want to take them to small claims court for the security deposit of $1600 my bf gave them and I was wondering if I have grounds to do so.
1. The owner did not give us an inventory before or after we moved out.
2. The owner is illegally renting her apartment, she does not claim it in her taxes.
3. The written items for repair and estimates were give to us 16 days after we vacated the property, they signed and dated it clearly showing it was after 16 days.
Sorry this is so long. I know I made a mistake by not documenting the conditions before hand but I wanted to know if I still have grounds to make a claim. I don't even care about the money, I just want them to know they cannot get away with this. Their apartment was filthy when we moved in and a lot of things were already broken that we cleaned and fixed ourselves because we thought they were friends. Now they're trying to blame us for everything and get us to pay for new flooring throughout their apartment, flooring that is much nicer than the original. They're claiming our dogs peed on the floor and damaged it but they did not disclose to us they had previously flooded the apartment and had to have a plumber fix it. They also had a dog that lived in the apartment the entire time she owned it.
I rented a room from a friend with a lease for 3 months and then month to month. I paid my rent on time every month and gave her a security deposit as per the lease. I gave her my 30 days notice and then she asked if my bf and I would like to rent her entire apartment because she was going to move out and move back home. The whole time I rented a room for her I did not stay in the apartment except for one night. I agreed to rent the entire place after my lease ended on April 19, she said the new lease would start on May 1. I paid for the room for the entire month of April but she said it was ok and took it as part of the month of May's rent. Since she was a friend we texted asking when we can move in and she said they would be moved out by April and we could start moving in. We notified her when we were moving in and she emailed that she would be leaving two boxes of decorations, a microwave, and a black sleeper sofa that was not already in the apartment. When we moved in we found everything except her clothes and bed were still there, including a blue couch, multiple tables, dishes (in the cabinet and dirty dishes in the sink), Tupperware, various things under the bathroom and kitchen sinks, and various small things. The apartment was also very dirty with mold all over the bathroom, grease on the walls and stove, dirty dishes in the sink, stains on the carpet and walls, cigarette buds on the lanai, and pee stains on the lanai. We told them we would clean it, thinking we were doing a friend a favor. We signed the lease and she did not take it with her, she was present when we moved in. We thought she were still in the process of moving so we let them keep their stuff there for another month and a half. After repeatedly saying she will take her things but not showing up, we packed up her belongings and asked her to pick it up. After taking her things she emailed us asking us to pay for a rental unit to store her belongings, $239/month plus fees and that she would email us an edited lease. We did not agree as we had not been told this before she took her things and we had already been living there for 2 months.
After living there for 3 months, she asked us to pay a security deposit for the amount equal to the rent. I did not agree since she did not give us an inventory but my bf gave her a $1600 deposit anyway.
When the lease was 2 months from ending, she told us she would be increasing the rent so we declined to renew the lease. She told us to have the carpets professionally cleaned since we had a dog and we informed her there were stains from when she lived there and she acknowledged that. When we moved in she did not give us an inventory of any kind except an email that said she will leave two boxes of decorations. She gave us one day's notice that she wanted to do a showing the next night. I replied that we would not be home but our dogs would be so it would be difficult for her to have the showing but she had the right to do so if she wanted to. I informed her that we would vacate the unit by October 16, 15 days before our lease was up and it would be easier for all of us for her to show it then or any weekend, but again it was her right to show it when she wanted to. She decided to cancel her showings and come over to do an inspection. On inspecting the unit, she, her fiancé, and mother said the unit was fine. We informed her months before our dogs had chewed a small portion of the tv cable and she said it was fine, which she reaffirmed during the inspection.
After that point, her fiancé took over as the property manager and informed us in an email that they would pay for the carpet cleaning and to fill any holes made (we used two thumbtacks). I emailed him that we would move out by the 15th. When we did move out, I notified him and sent him pictures of the unit. I had scrubbed all the walls, the floors, and the entire kitchen. We cleaned the entire bathroom and replaced the bath mat and shower curtain because it was disgusting with mold. We had taken down one of the decorations she left (a tiny shelf), and let him know. We also informed him of a door that was already broken when I moved in and rented a single room. We asked him to let us know if he wanted us to fix anything, thinking the place was left in better condition than we received it. He said he would inspect the next day. After a few days I asked again if he wanted us to fix or do anything and he said he'll just take the keys. Again, no inventory of any kind or checklist.
They inspected the apartment and had two showings. After not being able to find a tenant, they claimed we "ruined" her apartment. This was 10 days after we moved out and he did not give us things that needed to be fixed, receipts, or estimates. He claimed we damaged her laminate flooring in a small area, cabling, carpets, plumbing, and made multiples holes in the walls. I said I was not given my original security deposit back so please use that money to make the small repairs. Later, he claimed the building mandates a professional contractor redo the entire flooring and that we needed to pay for the labor, this is now 13 days after we moved out and he still did not give us an estimate. I informed him I do not agree because the original flooring was put in by the owner, not a professional contractor, and the extent of the damage was only 30sf, the total material cost for everything they claimed which now included the already broken door, a clogged drain (it worked the whole time we lived there), cabling, carpet cleaning, new paint, filling in holes, and cleaning supplies was less than $200, as an engineer for a construction firm I knew the exact cost. I asked that he use the money I had originally give, $400, and that we will not give them anymore money.
After 16 days, he sent us a written list of repairs and an estimate for a professional contractor, as well as a copy of a lease electronically signed on 6/30, two months after we moved in, that had been edited, and claimed we did not pay the final electric bill which we do not receive directly but was instead texted to us each month. The total has now amounted to $3861.98 and says more charges are TBD. At this point I want to take them to small claims court for the security deposit of $1600 my bf gave them and I was wondering if I have grounds to do so.
1. The owner did not give us an inventory before or after we moved out.
2. The owner is illegally renting her apartment, she does not claim it in her taxes.
3. The written items for repair and estimates were give to us 16 days after we vacated the property, they signed and dated it clearly showing it was after 16 days.
Sorry this is so long. I know I made a mistake by not documenting the conditions before hand but I wanted to know if I still have grounds to make a claim. I don't even care about the money, I just want them to know they cannot get away with this. Their apartment was filthy when we moved in and a lot of things were already broken that we cleaned and fixed ourselves because we thought they were friends. Now they're trying to blame us for everything and get us to pay for new flooring throughout their apartment, flooring that is much nicer than the original. They're claiming our dogs peed on the floor and damaged it but they did not disclose to us they had previously flooded the apartment and had to have a plumber fix it. They also had a dog that lived in the apartment the entire time she owned it.
