Q: my landlord charged us $300 for a broken railing during the lease and now I’m moving out but he never fixed it. Legal?
The railing was clearly rotting wood but to be fair we where hanging a hammock to it and a near by tree so I understand that’s not exactly it’s intended use. When my landlord found out he gave us about two weeks to make the the payment and then it’s now been 7 months and he hasn’t fixed it. This is also a reoccurring theme with other major repairs never being addressed. I have emails with time stamps for all of these incidents.
I’m moving out and would like the money back if there’s anyway that’s possible. What do you think?
A: The damage was done, so at some point it either has to be repaired or the property is worth less due to the damage. Honestly, to hire a contractor to fix it might cost more than $300.
A: A landlord can charge for damages even if he does not fix. However, he may well have been obligated to fix things if the tenant continues to live there and the damaged item affects habitability. If other items went unrepaired for periods of time, and you notified the landlord of the defects (and can prove it), you may be entitled to a reduction in rent during the times of non-compliance.
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