Good luck with your court case. I hate how landlords try to take advantage of their tenants. Sounds like you should be responsible for the charges to your deposit. When going to court provide as much documentation as possible. The better documented the situation the more likely you will succeed with your suit.

Thanks. But it should read no damages were seen during the inspection. I have spoken to a real estate lawyer, he says she will have a difficult time explaining her actions and why she noted that the apartment was in good condition and had no damages, then deducted this fee from my deposit.

You’re right. If your move-out inspections shows that the unit was in good condition and had no damage, your landlord shouldn’t be able to come back and charge you for damages. There is one exception to this… If your landlord discovered damages that were not obvious, then she would have right to charge you.

If the damages being charged against your deposit are based on obvious items that should have been spotted during the initial walk-through; she will have a hard time winning a court case or complaint. (whatever option you went with?)

Hi Yasmeen,

For a simple 1 inch tear?? Why didn’t the landlord attempt to repair the tear? Not sure a 1 inch tear justifies a complete replacement. You know there are professionals who specialize in repairing tears in linoleum. If she had gone that route she could have repaired the damaged floor for as little as $50.

You may be somewhat responsible for the damaged floor, but from the face of it; complete floor replacement just doesn’t seem quite right! Did you landlord attempt other options first, or did she jump to replacement? Did she pro-rate usage from the previous years and deduct it from the cost? Lots of questions. She probably won’t win. Good luck on your case. Please let us know how it turns out. (I’ll keep my eyes on your post)

As a landlord, it is their responsibility to document on the move-out inspection with you present any damages and go over it with you. If they go back into the apartment and note a damage after you have left, they should take a photo and have a witness present, then notify you. If they did not- then it is on them.