Thanks. Unfortunately the address is not on the LOI either. Anyone has past experience that can guide me? Will be much appreciatedkozizi wrote:Sorry can't help you with questions 1,2,3, but regarding 4 - the landlord's address is not mentioned even in my TA, but I found it mentioned on the Letter of Intent that I signed prior to the TA, so maybe check your LOI if you have one ?
Thanks.PNGMK wrote:It's unfortunate you abandoned the sign off process and gave in.
1. You should return to the apartment to the state as per your TA. IF it had a clause in it about marble floors being refinished then this will be supported in the SCT.
2. You should continue to push for a reasonable setttlement ASAP from the LL. He is hoping you give up.
3. Yes, you can use your pictures vs his to establish whether the damaged require compensation or are 'fair wear and tear'. Unfortunately this is a country of amateurs landlords who expect their apartment to returned in as new condition. IF you go the SCT the magistrate will probably force some sort of meet in the middle compromise unless the LL is being completely and obviously unreasonable.
PNGMK,PNGMK wrote:My experience is that the LL will try to settle before getting in front of the magistrate.
The requests from the landlord seem totally insane to me. All of that falls under 'wear and tear'. They are just trying to get you to pay the cost of setting everything up for the next tenant.The TA states that the unit must be returned in tenantable condition. The LL takes this as "everything as how it was handed over". Do you think their opinion will stand in SCT?
The LL has asked for almost $3k to fix 'defects'. I disagree with the amount and also disagree with the list of defects.
Thanks in advance.
Thanks. The 'LL are a working couple. Both husband and wife's names are on the TA so I think both of then have to attend the proceedings.ComingSoon wrote:The requests from the landlord seem totally insane to me. All of that falls under 'wear and tear'. They are just trying to get you to pay the cost of setting everything up for the next tenant.The TA states that the unit must be returned in tenantable condition. The LL takes this as "everything as how it was handed over". Do you think their opinion will stand in SCT?
The LL has asked for almost $3k to fix 'defects'. I disagree with the amount and also disagree with the list of defects.
Thanks in advance.
The thing you need to know is how much does the landlord value their time? If they are retired and don't have much going on then a trip to SCT is not a big deal. If they are really busy then taking half a day or more is a waste of resources.
At SCT they will stick you with a mediator to start. You don't have to agree to the recommendation of the mediator. If you decline their recommendation then you'll have to go in front of a judge. Keep in mind this all takes a fair bit of time. The process could happen over 2 separate days if you don't settle in mediation. That's why it's key to know how busy the landlord is. The time cost of court could be bigger than they amount they'll reasonably get in settlement or judgement.
Good luck!
Thanks.PNGMK wrote:It's seems that the LL is being unreasonable if the TA is as you say and is not specific on the meaning of 'tenable'.
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