Security Deposit Question

[Marcella Sheerin]

I was hoping to get help on security deposits...

I am recently getting out of a lease and my landlord is trying to charge me $5K for damages done to the property. She nickeled and dimed me in every way possible (I was not surprised based on how she has been) but the headlines are: she wants to charge me $3K for new carpet (for a 900 sq ft rental). To be fair, my dog was still training when I moved in and she had accidents so I expected that she would need to get new carpet but I lived there 5 years and she had a months rent security deposit to cover any damages ($1,400) so I am surprised that she expects me to pay for it. I think the carpet was expensive and that is why she is mad but why put in nice carpet in a rental? (she approved me having a dog). The other large expense is $1K for plaster/paint damage done due to the roof leaking and the fact that I didn't call it out to her. I had just noticed the issue (it was in the very corner of the room by my closet) right as I was moving out so I didn't mention it to her. Yes, I should have caught it earlier but I think it happened because the gutters weren't cleaned out - is that my fault? Lastly, she also mentioned something about "mouse droppings" this is not something I saw when I was there and I am totally groused out by it. If this is even true... Should I be liable for that? Its a super old house (built 1900ish) and the basement is not completely sealed, the basement floods when it rains (which she is aware of), just everything that goes with an old house etc. If it is true that there were mice in the house, should I be liable for that?

Background: lived there 5 years, landlord has been pretty absent, went almost a year without her checking on the property at times (at least the inside). It's a single family rental home, 900 sq ft in Cincinnati, OH. This is her only rental.

She sent me a detailed letter with everything I owe her and said if I don't pay in the next 2 weeks she will be taking me to small claims court. Does she have a leg to stand on here? Do you think she will actually go to court, and if she does, will she win?

Any helpful tips/hints based on your experience would be realty appreciated.

Thanks!

[Coleman Nelson]

It's hard being a judge when only hearing the story from one perspective, but I'll throw in my 2 cents.

Landlords can recoup damages for things above normal wear and tear. According to the IRS, carpet has a useful life of 5 years. So you may have a pretty good argument that after 5 years of normal wear and tear the carpet would need to be replaced anyway.

For the water leak, I have no idea. Does it say anything in the lease about cleaning gutters? We clean our rental property gutters on a regular basis and don't trust the tenants to do it for multiple reasons. I would think she would have to be able to prove that you knew about it and didn't report it. A good landlord would be in the property quarterly for maintenance inspections and would have caught it.