Q: can I sue my landlord for keeping my deposit and overcharging move out fees
My landlord kept my deposit of $200 and asked me to pay $544 more. The reason they say is there was a canyon mark (5 inches long ) on the wall, outline of bed on the bedroom wall and worn off paint on the stairwell handles . Does this fall outside normal wear and tear? I protested these charges against my landlord and even before any agreement was reached, They sent these charges to collections and collections threatened to hurt my credit and forced me to pay. Do I have a case to sue them to return my money back?
A: Maybe. Crayon on the wall is definitely outside normal wear and tear. Worn paint on stairwell handles - depends what you mean. If just worn from normal use, that is probably normal wear and tear. Abraded or damaged paint - that is not normal wear and tear. Outline of bed on wall? Not sure what is causing that. I am guessing that some or all of the charges are for re-painting things. If so, the most you should be charged for is a depreciated cost for the painting, not the full price. You were not "forced" to pay - you elected to rather than deal with the alternative ramifications. While not necessarily fatal to your case, it certainly makes it harder for you to prevail. Now the burden of proof is on you whereas if you refused to pay and they sued you for the money, the burden of proofing you are liable for the damages was on them. Regardless, you may wish to review everything in detail with an attorney prior to incurring the cost and possible liability for their costs and/or attorney's fees if you lose. Good luck.
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