QUESTION
Can our landlord request that we purchase new carpets for him or ask for us to pay for repairs?
Asked on Apr 09th, 2012 on Real Estate - Michigan
More details to this question:
We paid to have the carpets professional cleaned per the lease and they got stained due to the new tenants walking on them while they were wet on the last day of our lease. We did not walk on them. He is now requesting that we split the replacement costs of the new carpet. The carpet was a minimum of 5 years old before we moved in and was already damaged before we moved in. When we left the carpet looked better than at any time during our stay there.
Also, he is requesting that we pay for the repairs to the dishwasher which needs the start button replaced which fell off due to normal wear and tear. Is he entitled to this? The property was in Ohio and we are now in Michigan. I talked with an attorney and to sue him would cost us $300 plus court costs and wouldn''t be worth it. Is there anything else we can do?
1 ANSWER
Real Estate Law Attorney serving Anniston, AL
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The question is really "is there a likelihood that he will sue you?" After all, he is the one asking that you spend your money for his benefit.
You have said nothing about him holding your damage deposit, if you made one. I will therefore assume he is not holding any of your money to apply it to this purpose.
It is not uncommon for landlords to use a damage deposit to pay for clean up, or painting, etc even if the place is spotless. That is an unfair and oppressive practice, but is commonly done.
If he is not holding any of your money, and is making demands on you even though you no longer live in the state, there is no practical way he can make you pay. Send him a polite letter explaining why you do not feel you owe him for the items complained of and then ignore him. It is very, very unlikely that he will sue you for the costs -- because it would cost him too much to do so. I cannot, of course, absolutely guarantee you that he will not file suit, but it seems very, very unlikely.
Answered on Apr 10th, 2012 at 4:20 PM