I recently had a vacation rental, upon leaving the house I received my entire deposit back after doing the walk through with the rental manager. They said everything looked fine. 3 days later they are asking for it back for damages that were done to the yard, which they also looked at during the walk through. Do they have the right to do this? I am refusing to pay it back. There has also been new tenants since my stay. What are my rights? Thanks for any help.
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5 responses so far ↓
1 nam_miles // Aug 7, 2008
You’re clear. The owners had their chance when their agent, the rental manager, examined the property. They gave you your depost back, signifying their acceptance of the condition of the property at the time you vacated it. They cannot hold you liable.
2 John C // Aug 7, 2008
You should be entirely within your rights to keep it. If they walked through and gave the deposit back already then they released you from any further contractual obligations to them. The deposit is to take care of “normal wear and tear” and if they gave it back then everything besides normal wear and tear is fine.
Unless they can prove beyond a shadow of a doubt that it was you that did the “damage” then you are in the clear. Tell them if they want the money back then they can contact your lawyer.
3 patticharron // Aug 7, 2008
It depends on the contract you had with these folks. But from what you report here, it sounds like the walk-thru resolved the matter and released you from responsibility as demonstrated by the refund of your deposit. Further, new tenants are now part of the equation and it is likely, since the walk-thru was satisfactory, that the new tenants were instrumental in damage, if in fact there is any. I would tell rental manager to sit on a tack and spin.
4 Jess T // Aug 7, 2008
Have they said what exactly they are concerned with? I think that since there are other people there it is null and void - unless he took pictures and he can prove he took these pictures after your stay but before the new tenants arrived.
Sorry - guy - that sucks!
Many shiesty people do this - the don’t want the confrontation so they give it to you all after you leave.
5 ang l // Aug 7, 2008
they should have told during the walk through about the damage. you do not have to give it back.
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