Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
You need some type of proof. Do you have anything? Email complaints to the landlord
Texts requesting the problem get fixed?
Or did you just decide the apartment was not fit to love in, packed your stuff, moved out and asked for your deposit back?
I don't have any email complaints or texts. I previously asked my landlord to fix the mold problem. He was saying that the mold was not caused by the toilet overflowing and flooding the apartment twice, but that the problem was that I had accumulated too many belongings on the floor which caused moisture to get trapped and produced mold in the carpet. (I'm pretty sure this was just some BS, since the mold really only accumulated in the parts of the carpet where the toilet water had spread to, and the flooding problem is just a far more likely culprit.) He told me that he would only treat the floor with mold killer and put new carpet down if I cleaned up all my junk off the floor. I thought this solution was futile, since he had already performed this same procedure before and the mold just returned after a few months. Instead of following his instructions, I just decided to move out of the apartment. I moved out two days before the next rent payment was due. I felt that I should get my security deposit back because the apartment was uninhabitable because of his negligence and because I had made up my mind to leave only a couple weeks before I moved out.
Now that I think of it, I may have one relevant piece of evidence. My apartment is located in a building that has six other units. On the outside of my apartment, there is visible growth that looks like mold. This growth is mostly near the areas where the toilet water had spread. No other apartment unit in the building has any growth like this on the outside wall.
Last edited by rmb448; 10-13-2016 at 10:51 PM..
Reason: additional information
I don't have any email complaints or texts. I previously asked my landlord to fix the mold problem. He was saying that the mold was not caused by the toilet overflowing and flooding the apartment twice, but that the problem was that I had accumulated too many belongings on the floor which caused moisture to get trapped and produced mold in the carpet. (I'm pretty sure this was just some BS, since the mold really only accumulated in the parts of the carpet where the toilet water had spread to, and the flooding problem is just a far more likely culprit.) He told me that he would only treat the floor with mold killer and put new carpet down if I cleaned up all my junk off the floor. I thought this solution was futile, since he had already performed this same procedure before and the mold just returned after a few months. Instead of following his instructions, I just decided to move out of the apartment. I moved out two days before the next rent payment was due.
There's two sides to every story, and now we're getting part of the landlords. If the toilet overflowed through no fault of yours, the landlord was responsible to fix the issue and remedy any damage/potential damage to the unit. The landlord is not responsible for damage to your personal belongings, that's what renters insurance is for. The carpet probably needed to be pulled and dried, potentially have the pad replaced and treated for mold prevention. Sounds like your landlord wanted to do this but needed your personal belongings removed, which you refused to do and moved out without notice. Don't see you getting your deposit back and potentially being liable for more rent until the LL can get the unit re-rented, especially without any documentation of previous overflow issues and requests to remedy.
There's two sides to every story, and now we're getting part of the landlords. If the toilet overflowed through no fault of yours, the landlord was responsible to fix the issue and remedy any damage/potential damage to the unit. The landlord is not responsible for damage to your personal belongings, that's what renters insurance is for. The carpet probably needed to be pulled and dried, potentially have the pad replaced and treated for mold prevention. Sounds like your landlord wanted to do this but needed your personal belongings removed, which you refused to do and moved out without notice. Don't see you getting your deposit back and potentially being liable for more rent until the LL can get the unit re-rented, especially without any documentation of previous overflow issues and requests to remedy.
The things is, the landlord neglected to pull the carpet up right after the flooding happened. It was only after the mold had appeared months afterward that he finally did pull the carpet up. He should have done this from the very beginning. The only reason I refused to do this the final time was that it had already been done before and the mold returned anyway. I wasn't about to gamble my health on this solution being effective the second time. Isn't the landlord wrong for not pulling the carpet up in a timely manner the first time?
The things is, the landlord neglected to pull the carpet up right after the flooding happened. It was only after the mold had appeared months afterward that he finally did pull the carpet up. He should have done this from the very beginning. The only reason I refused to do this the final time was that it had already been done before and the mold returned anyway. I wasn't about to gamble my health on this solution being effective the second time. Isn't the landlord wrong for not pulling the carpet up in a timely manner the first time?
Yes, the LL should have pulled the carpet then. Was the aforementioned "junk" preventing him from doing this? We had a previous residence flood when the sump pump broke and the remediation company pulled the carpet and replaced the pad. We had to move all of our belongings out of the downstairs for them to be able to do so.
Yes, the LL should have pulled the carpet then. Was the aforementioned "junk" preventing him from doing this? We had a previous residence flood when the sump pump broke and the remediation company pulled the carpet and replaced the pad. We had to move all of our belongings out of the downstairs for them to be able to do so.
My stuff was not preventing him from pulling up the carpet because he never tried to do it in the first place. He only pulled up the carpet months after the second flooding when the mold had asserted itself. On both occasions of the flooding, he just had me to get the water from the carpet with my own wet/dry vacuum.
go to small claims court, you don't need a lawyer.
Yes, but he needs evidence. He has none. In this case, the only thing that will be accomplished by going to small claims court is the further loss of money from the filing fee.
Sorry, OP, you're out of luck. No evidence of mold = no case.
As Judge Millian says, "Do you have a phone? It's not just for making phone calls and taking dirty selfies for sexting."
I got into a small fender bender a few weeks ago. First thing I did was grab my phone, jump out of the car and take a photo of the driver behind the wheel - BEFORE she exited the car. Then, a photo of her license plate. Then, photos of the damage on her car and the make and model of her car (in case she drove away, which she attempted, but gave up when she realized I had photos.) Then the damage to my car. I got paid by her insurance company in less than 7 days.
....... that the problem was that I had accumulated too many belongings on the floor which caused moisture to get trapped and produced mold in the carpet........ He told me that he would only treat the floor with mold killer and put new carpet down if I cleaned up all my junk off the floor.......... I moved out two days before the next rent payment was due. I felt that I should get my security deposit back because ....... I had made up my mind to leave only a couple weeks before I moved out.........
Sorry, but your claim keeps getting weaker. Too many belongings will block air flow and in damp climates you can get mold in the back of crowded closets or underneath boxes just because air can't get to those areas, even without water leaks.
The landlord offered to fix the problem but requested that you move your belongings which you did not do.
If you had given notice a couple of weeks before you moved, right when you decided to move, you'd have part of your 30 day notice period rent paid, and you might owe for a couple of weeks of rent and not 30 days of rent.
I suggest that you learn a couple of lessons from this. Losing one security deposit is a pretty cheap lesson, as far as the general cost of life lessons goes. Next time, give proper written notice before moving. Give written notice of issues needing repairs in your apartment and follow through. Clean your stuff up off the floor and get your level of belongings under control and properly stored. Follow through on cooperating with the landlord when he needs to do repairs; most repairs can not be done working around you and your belongings, so you have some obligation to accommodate.
Yes, but he needs evidence. He has none. In this case, the only thing that will be accomplished by going to small claims court is the further loss of money from the filing fee.
.
Of course they need evidence, but there is no other way to get the money back.
and if you are dealing with a deadbeat they consider a security deposit money that they are free to steal because even if you go to court and get a judgement, they just won't pay it and you lose more money with filing.
If you do no damage and give notice and the LL keeps the money it's not considered theft, it's considered a civil matter that has to go to court. Legalized theft. I know of one person who steals everyone's deposits he rents a home from the owner and rents out the other 3 bedrooms. (well 2 bedrooms and the extra one he created by putting up a wall in the living room) and always keeps the deposits and there is nothing that can be done, he's a low life deadbeat thief.
Of course they need evidence, but there is no other way to get the money back.........
.........give notice and the LL keeps the money..........
On this case, the tenant has no proof and so it is a waste of money to go to small claims court. The judge isn't going to rule in OP's favor just because OP has a good story but no proof. Especially since the landlord in this case does have a statement from a professional.
In this case the tenant didn't give any notice, and so it is a waste of time to go to small claims court. All the judge will do is to rule that OP owes 30 days rent.
It doesn't make any difference what a landlord you know does unless he happens to be the exact same landlord that the OP was renting from and then it still doesn't matter because the OP has no legal proof and the OP didn't give notice.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
