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Updated almost 16 years ago on . Most recent reply

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Incompetent Landlord charing us for damage already in home when we moved in

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Posted

We have been renting a 1750 sq. foot home in San Jose, CA for the past 2 years. We are paying a ridiculous amount of rent $3100. The home has a pool, but no AC.

Move in condition was deplorable. It was filthy. The owner never did a walk through inspection with us. After about 3 months of trying to get them resolve basic issues, and them saying "no". I realized they were flakes. I documented every bit of existing damage to the home and my husband and I both signed it. We sent the letter with our rent.

Fast forward to present time. We are moving out on 5/22. Landlord came by Saturday (first time we have seen her since before we moved in). I had mentioned to her that she would likely need to address the large discloration stains on the white linoleum in one of the rooms off the kitchen area. We have had to cover them with rugs since we've been here. This room has a huge patio door with no window coverings and the sun beats down on this room at about 125 degrees in the summer.

The stains have become darker since we moved in and she swears they weren't there when they left. Well, they WERE there or I wouldn't have put 2 big area rugs in there to cover them up!

She is now saying we have to replace the floor in that room. It is a room we use for NOTHING. It's completely empty. All we did was cover the stains that were there and forget about it. Now she wants us to pay for it.

It is her fault for not doing a move in checklist for us. If she had, there would be no dispute those areas were already there.

What recourse do we have?

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Josh Green
  • Financial Advisor
  • Tampa Area, FL
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Josh Green
  • Financial Advisor
  • Tampa Area, FL
Replied

it appears to me that you should have addressed some of these issues before moving in....

if the place was 'deplorable' why did you move in?

why did you move in when you thought the $3100 rent was 'ridiculous'?

why didn't you adress the floor issue the past 2 years?

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