Move-out Inspection

By yasmeen

 On 6/1/10 (Delaware)  Landlord conducted a move-out inspection in which I was present. She spent apprx 15 minutes in my apartment and did a thorough inspection. She then indicated in writing that my apartment was in good condition, signed the move-out form, (I signed it also), and gave me a copy. When my sec. deposit was returned 266.67 was deducted for the replacement of the entire kitchen and dining room vinyl flooring. 

She alleged that there was a 1 inch tear in the vinyl in the kitchen which necessitated replacing the entire kitchen and dining room flooring because the dye lot for the vinyl that was in the kitchen was unavailable. 
 damage was seen during the inspection ( the apartment was clean and empty at the time of inspection) and no damage is noted on the move-out form which she signed. I was unable to rectify this situation with her in her office or after sending 2 certified letters. 
I am taking her to court and would welcome any advice. I have excellent documentation to present in court, and feel confident that I will win my case. I welcome any advice, comments, or suggestions.
 Thanks.

Edited on: Sunday, July 11th, 2010 6:06 am

5 Responses to “Move-out Inspection”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

yasmeen

July 11th, 2010 2:10 pm

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.


anonymous

July 11th, 2010 1:38 pm

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.


Randy

July 11th, 2010 8:55 pm

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?)


Kim Worstein

July 11th, 2010 9:55 pm

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)


D

September 7th, 2010 8:28 am

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.


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