Can the landlord really make us pay?

amother

Gold

Wed, Jun 07 2017, 2:06 pm

We are moving in a few weeks. The proper amount of notice was given. When their broker came by to take a look before posting the listing for prospective tenants, he felt the house was not in a condition to be shown and told the landlord so. Now, there were 2 things that were our responsibility and we fixed them within a few days of the broker's visit. The rest of the issues were things that are the landlord's responsibility to fix and we have been going after him for months to fix them and he has not done so. He asked to get someone in and says he'll pay us back, but last time we brought someone in to fix something that was his responsibility he did not do so. Now he's saying that if the house sits empty after we leave he's going to sue us for the lost income. Can he really go after us like that?

watergirl

Wed, Jun 07 2017, 2:09 pm

amother wrote:

Do you have written correspondence of this? Or was this via phone?
Another option is for the repair man to charge the ll directy. This day and age, everyone takes cc payment over the phone.
ETA: Make sure the repair man speaks to the ll on the phone and auhorizes he repair to be made and the charge BEFORE its done. I've had this issue before, and the ll claimed he never approved such an expensive repair and wanted is to pay some of it. Be careful and have it all in writing.

amother

Turquoise

Wed, Jun 07 2017, 3:32 pm

amother wrote:

DOCUMENT

As we informed you by letter dated _______, and in accordance with the terms of the lease, we will be vacating the house on _________.

On ________, your broker inspected the property, and found several issues. We repaired all issues for which we are responsible, that is _____________; we welcome your broker to inspect such repairs, upon reasonable notice. The remaining issues are not our responsibility. In fact, we requested that you repair these issues on __________, but you failed to do so. Should you wish to make these repairs prior to the end of our tenancy, we will be glad to make the premises available to your contractors, again upon reasonable notice.

Certified, return receipt requested. Keep a copy.

That said, the landlord can sue you for whatever he wants, and it will cost you time and money to defend, so you're best off trying to resolve any issues.

Not legal advice.

SYA

Wed, Jun 07 2017, 3:34 pm

Don't make any repair arrangements or payments. He can always deny authorizing it or not make the payment. If you made the call then you will be liable. You've called him in the past, he has time now to do the repairs (assuming they can be done while you're living there). He has to arrange it. You are not financially liable.

doctorima

Thu, Jun 08 2017, 7:43 am

Also take photos of any damage/disrepair that is not your fault. That way, if he does sue you, and there's nothing you can do to stop/prevent him from doing so, you can show the judge the pictures of damage that any rational person will understand had nothing to do with you, and that it's his negligence that prevented him from finding a tenant in a timely manner.

Keep a copy of the pics for yourself, and if you like, you can also include them with the certified letter mentioned above. This will show him that you're organized and no pushover, and will hopefully scare him away from harassing you further.