Re: Please review damages letter - Landlord Forum thread 344649

Re: Please review damages letter by MrDan (GA) on April 25, 2016 @20:58

This reads like a short Novela which no Judge would spend much time trying to read.

As the saying goes..."just the facts ma'm"

You lack any format where a judge could quickly look at the cost figures and the total amount due.

No Judge likes to read what or how you arrived at your amounts or cost, just what was damaged and what the cost of repair is.

Change "Damages" to Security Deposit Settlement Statement. The word "Damages" is argumentative and subjective.

The " new electrical/cable outlet" sounds as if you are going to keep and not remove it. The cost to inspect would be on the landlord as a Judge may consider that a landlord would check all electrical items for proper function. Thus might deny the charge.

" left the replacement refrigerator in the garage" looks more like a landlord padding the security deposit deduction claim. There is no damage, just that the refrigerator has been moved.

The biggest issue will most likely be the flooring. You gave the tenant permission to refinish the floor and 20 odd months later you just notice the trim was never install back in place. A judge might just believe you waived your rights to claim damages for this. A Judge might not understand that a landlord who gave the tenant permission to refinish a wood floor and did not follow up to inspect that the work was done in a professional manner has accepted it as poor workmanship and not damage. $2500 sounds as if that includes new materials and labor?

You should really consider having an attorney write your security deposit settlement statement, especially if you believe litigation by the ex-tenant will result.

Remember your 'move in and move out' statements, pictures of before and after will help prove your case. Invoices, bills, estimates, etc. is hearsay and must be back up by witnesses, contractor and repair persons appearing in court.

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Re: Please review damages letter by Maureen on April 26, 2016 @12:56	[ Reply ]

Thank you for your advice. I agree that this case could be difficult. I have reduced the novel to a simple list. I removed the refrigerator issue. The outlet will be removed. I understand your point with the flooring. I did not know that estimates, etc. were "hearsay", but I doubt I'll be able to get the providers of the estimates o do anything more. Thanks again. I really appreciate your time.

Re: Please review damages letter by Maureen on April 26, 2016 @12:59	[ Reply ]

And, believe it or not, $1000 was the least expensive estimate for labor only to reinstall the baseboard/casing. The other estimates were $2500 and $3500. I randomly chose three contractors/handymen off Angie's List. Maybe some of them didn't want the work?

Re: Please review damages letter by Maureen on April 26, 2016 @13:00	[ Reply ]

Not making sense here, am I? I got my last estimate AFTER I wrote my security deposit draft. I changed the figures to the lowest amounts quoted.

Re: Please review damages letter by Magic Mike on April 28, 2016 @15:02	[ Reply ]

You are not required to take the lowest price.