So I am getting grifted by my landlord, he is trying to charge me for applicances(Dishwasher/Refrigerator) replace/repair cost which according to contract should come from him(Pic posted).
I used to live in a single room in a 5BR-2Bathroom house with other tenants with their separate leases. Obviously, with so many people (moving in & moving out) appliances do get worn out which they did after 7-8 years.
He initially tried to charge me the whole deposit 780$ and after my resistance, he is saying max would be 280$(He asked me to do it without billable items and then I again asked him to provide me itemised bill which he'll provide me at the end of this month). This landlord has in front of me grifted two tenants for 1200$ deposit. This dude works in White House(Though a non-big position in Diversity/Religion affairs) If I go public, and maybe write a tweet storm to account for this shady behavior, Can I come in any harm?
Also, What are else option do I have, I am just a student and can't afford expensive lawyers?
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1In the US, truth is a valid defense against defamation suits. But you may spend hundreds of dollars on legal fees trying to defend yourself, when the original repair costs were just $280.– BarmarCommented Jun 11 at 15:26
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1The landlord will almost certainly claim that the repairs were necessary due to your negligent operation, which allows them to charge you.– BarmarCommented Jun 11 at 15:28
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Also, a point regarding the repair - The old fridge is still working perfectly and is still in the house, only its couple of shelfs were falling and we asked him to replace those(cheaper option) but instead he just went on replacing the entire fridge(because it saves him time).– MarkCommented Jun 11 at 16:34
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1I hope you have documentation of the original condition of the appliances. Otherwise he'll just claim that they were beyond repair and needed to be replaced.– BarmarCommented Jun 11 at 16:37
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1One thing to consider: do you want to continue living there? In many US jurisdictions (though I don't know about Florida), it is entirely at the landlord's discretion whether to offer to renew a lease when it expires (barring things like racial discrimination). So although criticizing your landlord online may be legal, it may also be perfectly legal for him to see it and decide that, when your lease runs out, he doesn't want you as a tenant anymore.– Nate EldredgeCommented Jun 11 at 17:56
2 Answers
If you are in a dispute with another party that you can't resolve amicably through negotiation (i.e. "Mr. Landlord, would you take $100 for the fridge repairs rather than the cost of a whole fridge?"), your best legal bet is to take them to court. Disputes this small would be handled in small claims court which is designed to be resolved without lawyers. I'm sure the judge in small claims court sees multiple disputes between landlords and tenants over security deposits every day.
Taking your beef to twitter/ X is more problematic. Yes, the First Amendment gives you the right to speak freely. And truth is a valid defense to libel. But it is pretty easy particularly on something like twitter which encourages short, pithy posts to say something that is defamatory even when you are in the right. There is a large difference between "My landlord and I are in a dispute over whether the broken refrigerator shelves were the result of normal wear and tear or negligent operation of the fridge. If it is the result of negligence, we dispute whether it is necessary to completely replace the fridge rather than repairing the shelves. Here is my evidence showing why I am in the right" and "My landlord is a grifter." Unless you have some good evidence that your landlord is actually trying to scam you rather than merely having an honest difference of opinion on the facts of the case, "grifter" could be defamatory.
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okay, I'll not take it to twitter, honestly this is very distressing, he was not even initially acknowledging that I'll demand the deposit, after I reminded him after 10 days of leaving the premise.– MarkCommented Jun 11 at 18:18
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The first question is, what do you believe is fair charges for your time in this property? Is there a rightful amount that you should be paying for? He presented you with an itemized bill but you did not discuss which of those charges are equitable and which are just silly.
Secondly you said "he is trying to charge you", typically when a renter vacates a property either a the whole or a portion of the deposit is returned to the renter. If that is not the case, he is trying to collect from you, then your defense is simple: Don't pay. Then it will be on him to seek recovery from you. At the price point we are talking about, small claims court is the only reasonable option.
Third, you can always go to a legal aid clinic, or find a lawyer friend that may be willing to write a letter on your behalf (for free or very low cost). This might do the trick as he probably doesn't have enough money to hire a lawyer either. You will have to be more clear and concise with the lawyer/legal representative. If you fail to find someone you might also just write the letter yourself using chat GPT or something you found online.
Fourth small claims court is always an option. No lawyer is necessary.
We are talking a very small amount of money here, so if you provide enough legal resistance he might be willing to negotiate down to what you deem as reasonable.
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He has not presented me with any itemised bill, I have to persistently ask him for it. He initially told me that - 'He was not even expecting that I'll ask my deposit back", when I asked 10 days after leaving the premise. Then on persistence, he says that he'll charge 280$ and can be sorted today without the itemised bill. Even then I am still asking for itemised bill and he is saying that he'll give me at the end of the month.– MarkCommented Jun 11 at 17:28
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Regarding the fair charge - He already charge 50$ non-refundable maintenance fees on offboarding, I can go till 100$ but repair/replacement of appliances is responsibility of the landlord as per the contract. This is one of those situation where 100 axe-throwns were hit on the tree and the last axe-throw got the credit for cutting it. A 5BR-2Bath with so many separate tenants for so many years will get wear and tear, this cost should be amortised in the lease price and should be recouped like that, not in this taste-less way where every tenant is being left with bad taste in the mouth.– MarkCommented Jun 11 at 17:32
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@Mark I am not the judge. Presenting emotionally charged arguments to me does no good. Organize them factually, without emotion and seek relief from a small claims court.– Pete B.Commented Jun 13 at 12:42