Question about co op and damages

[catlvr976]

What is the name of your state (only U.S. law)? PA

I originally posted this in the condos and co-op section, but I guess I put it in the wrong place....

I was wondering about something pertaining to co op's.

I left at the end of July, needed to be out by Aug 1 after giving them written notice and asking for an extension due to my new place not being ready yet. I just heard from them on the 26th regarding charges that need to be done as far as repairs are concerned.

They are charging me for things such as replacing my bathroom floor (there was nothing wrong with it when I left, never any water damage that I was aware of) replacing the pumps on my screen doors, painting my old bedroom that I don't remember had anything wrong with the walls, that I need to fix my tub (the enamel or whatever it is was peeling and was like that when I moved there), and that they were going to charge me for removing my carpeting---which they did not do and my old neighbor (who is moving into my old apartment and told me before I left that she wanted that carpeting to stay, the office was informed of this) has verified this. When I questioned the lady in the office, she says, oh, well, maybe it is still in there, I don't really know. Then why are they charging me for things that they don't even know have been done?

I saw online that there is a law (I guess you can call it that) that says that in a landlord/tenant situation, that they have only 30 days to inform you of damages you are responsible for, and if they fail to do that, they forfeit any right to your money. I realize that I lived in a co op and really have no idea if this even applies in this situation.

The money was money that I paid in order to buy in to the place when I moved in there.

I guess I'm just wondering, what consitutes normal wear and tear or do I just suck it up and pay. I'm just really questioning now after I found out that they didn't remove my carpeting but were more than happy to take that charge from me.


Thank you kindly in advance!

 

[FarmerJ]

curious , you didnt say if there was any sort of deposit paid or not , but heres my take, based on them attempting to bill you for damages after you moved out. 1>replacing my bathroom floor (there was nothing wrong with it when I left, never any water damage that I was aware of) < If they took this to court they would have to prove to a court you damaged it. 2 >replacing the pumps on my screen doors,< screen door automatic closers DO wear out , they would have to show a court you damaged them. 3 >painting my old bedroom that I don't remember had anything wrong with the walls, < Paint it self has a limited useful life , you didnt say how long you lived there or if you smoked in the apt, but if you lived there more than a year fair odds are you used up the useful lift of the paint job and also repainting units is normal to help make them show better so unless you had a youngster drawing with crayon or pen all over the walls or smoked in the one room only and the walls needed special cleaning and primer wich they charged you for I would say they should have to prove to a court you damaged them. 4 > that I need to fix my tub (the enamel or whatever it is was peeling and was like that when I moved there) < by chance did you note on a move in sheet this condition or take pics of it when you first moved in? 5 >and that they were going to charge me for removing my carpeting---which they did not do and my old neighbor (who is moving into my old apartment and told me before I left that she wanted that carpeting to stay, the office was informed of this) < will your old nieghbor ,the units new occupant come to court with you if it went that way ? again the carpet had a useful life clock that started the day it was installed and the time you lived in the apt helped reduce that useful life too SO if they want that from you they are going to have to show a court you damaged it and that they have spent money to address it. If they didnt spend money to address the carpet they cannot even claim they have been financially harmed let alone ask for a depreciated amount. SO if what they did was write to you asking you to pay X If it was me I would send them a written letter via US certified mail and in the letter keep it simple deny that you owe those things and let them take you to court. (now if you paid a deposit to them and do not feel what they held back was fair then by all means your free to take them to court and in the filing if they had not followed your states laws for deposit dispositions to state that in the filing as well and let the court decide the matter. ( they wont look good if they failed to follow your states laws and will look worse for attempting to charge you for work they have not done as well as any other so called normal wear they listed)

 

[catlvr976]

Thank you for getting back to me.

Just to clarify a few things, no one in my home smokes, and I lived there a little over 2 years.

I took the apartment as is (not good, I'm sure) but I remember pointing out to them that the bathtub needed redone and asked if they were going to fix it before I moved in. Then, at one point, I had one of the maintenance men bring over the manager and showed him the tub; he made no comment and just walked away.

As far as a deposit is concerned, if I remember correctly, I had to pay 1500.00 to "buy into" the place (I'd have to dig out my papers). That is the money they are using to repair the "damages" to my apartment. They are claiming I owe them something like 1100.00 and giving me back something over 200.00. Where the other money went, I don't know.

Those few things I listed, they are telling me that they are my responsibility to have fixed. I just figured it was normal wear and tear.

I guess my main question is then, does that 30 day limit for a landlord to supply me with the list of damages after I move apply in a co-op situation? Because if it does, then I'm guessing they don't have a leg to stand on. I am getting this list any day now in the mail. I moved out end of July, needed to be out by 8-1. I did supply them with my address (but I'm sure they'll deny I did) and I know they have it because when I talked to the old manager the other day, I asked him if they still have my new address and he asked the secretary and they confirmed they do.

You know, I don't have a problem paying for things that need fixed if I or my kids messed it up (if there was crayon marks or something).

Thanks again!

 

[FarmerJ]

you are free to file with small claims court telling the court you paid a fee to them that for lack of better term was being treated like a damage deposit and they did a final disposition to you like one is to get from damage deposits and you do not think what they helg back was fair. The court can decide the matter for you , if they agree with you then they will require the LL to show proof of the damages they listed being repaired.