Ok to make it short, here is Paragraph 11 of our lease. Please read over.
A. Tenant shall properly use, operate and safeguard premises, including if applicable, any landscaping, furniture, furnishings and appliances, and all mechanical, electrical, gas and plumbing fixures, and keep them and the premises clean, sanitary and well ventilated. Tenant shall immediately notify Landlord, in writing of any problem, malfunction or damage. Tenant shall be charged for all repairs or replacments caused by Tenants, pets, guests, or licensees of tenant, excluding ordinary wear and tear.
E. Tenant's failture to maintain any item for which tenant is responsible shall give Landlord the right to hire someone to perform such maintenance and charge tenant to cover the cost of such maintenance.
F. The following items of personal property are included in the Premises without warranty and Landlord will not maintain, repair, or replace them: couch, coffee table, end table, and bed frame.
So here is the situation:
When we moved out, we took the coffee table and end tables with us, no problem there.
But the couch was really heavy and we did not have the manpower to carry it out of the condo, therefore we left it there. It had a minor stain on it also.
We received a moveout statement weeks later, saying that we have to pay $100 for couch damage, (and that is was stained).
If we had known this, we would have dragged it out. I dont agree that we should be charged for this, what do you guys think? please help!!! Since he did not mention anything about the coffee table and end tables.
The landlord's argument was that:
"As for the couch, if you re-read section 11 (A-F) of lease that you are referring to, you will see that it wasn't the landlords responsibility to upkeep the couch, meaning it was your responsibility and the landlord has the right to charge for the damage"
A. Tenant shall properly use, operate and safeguard premises, including if applicable, any landscaping, furniture, furnishings and appliances, and all mechanical, electrical, gas and plumbing fixures, and keep them and the premises clean, sanitary and well ventilated. Tenant shall immediately notify Landlord, in writing of any problem, malfunction or damage. Tenant shall be charged for all repairs or replacments caused by Tenants, pets, guests, or licensees of tenant, excluding ordinary wear and tear.
E. Tenant's failture to maintain any item for which tenant is responsible shall give Landlord the right to hire someone to perform such maintenance and charge tenant to cover the cost of such maintenance.
F. The following items of personal property are included in the Premises without warranty and Landlord will not maintain, repair, or replace them: couch, coffee table, end table, and bed frame.
So here is the situation:
When we moved out, we took the coffee table and end tables with us, no problem there.
But the couch was really heavy and we did not have the manpower to carry it out of the condo, therefore we left it there. It had a minor stain on it also.
We received a moveout statement weeks later, saying that we have to pay $100 for couch damage, (and that is was stained).
If we had known this, we would have dragged it out. I dont agree that we should be charged for this, what do you guys think? please help!!! Since he did not mention anything about the coffee table and end tables.
The landlord's argument was that:
"As for the couch, if you re-read section 11 (A-F) of lease that you are referring to, you will see that it wasn't the landlords responsibility to upkeep the couch, meaning it was your responsibility and the landlord has the right to charge for the damage"
