Landlord Trying it on with "Damage"

[haggis88]

Hello all, could use some advice.

I'm currently house hunting, and have an offer in on a place STC. Whilst all this is going on, I'm moving out of my rental, as my girlfriends parents have graciously offered to put us up until our possession date.

The townhouse was a 2012 build, finished in Fall 2012. I was the first tenant in January 2013.

My damage deposit was supposed to have $150 removed from it for cleaning after I moved out, which I agreed to and signed it in the lease.

At this moment, we haven't completed the end of lease walkthru, but they have been doing showings whilst I'm away from work.

The landlord is represented by an agent with whom I deal, and she is now telling me that the cheap cabinets (which are supposed to be an upgrade) are chipping and this is not normal wear and tear.

Here's some photographs after a quick polish with some wood stain:







Apparently she has been quoted $200 by a contractor to fix them.

I believe she's trying it on, i spoke to a couple of neighbours and was told theirs are exactly the same. Its just cheap finished cabinets that are showing 3 years worth of use.

At the moment, I haven't paid the final months rent cheque. I am however happy to let them keep my damage deposit, I'll keep my rent cheque and pay them the $150 that was agreed to for cleaning at the start.

I have read that in AB, the landlord can't deduct for reasonable wear and tear (which I believe this should be considered), so long as the tenant takes reasonable care to not damage the stuff and keep it in good condition. I assume cleaning the kitchen covers this.

Advice?

TL;DR - Landlord says chipping to cheap ass kitchen cabinets aren't normal wear and tear after 3 years and is trying to get an additional $200 from me to fix them.

[Type_S1]

3 year old cabinets should not be chipping. Definitely not wear and tear. My cabinets are 10 years old in my place and have no sign of wear. $200 is a small amount where they could claim they want the doors replaced on the ones chipped. I'd swallow it and move on.

[Thaco]

keep your money, make them go to small claims, whoever has the money, has the power.... the landlord tenant act is a joke and legal fees are more than it's worth.

the only thing you need a previous landlord for is a reference, which you already have a place secured.

[dirtsniffer]

You're going to have to pay the months rent.

Did you do a walk through inspection when you moved in? Being a new build maybe you didn't, and if you didn't they are not legally allowed to take anything off of your dd

[ddduke]

If they're wanting to charge you for that then I assume once it's time to give you back the remainder of your dd they're going to find lots of other little things. Personally i'd tell them to keep your dd as last months rent and cut them a cheque for $150 to clean the place.

[Mixalot27]

I would try to get a picture of some of your neighbor's cabinets which are in the same condition.

[JudasJimmy]

How do you think they got chipped like that? I've lived in some pretty cheaply build places and never seen cabinets get chipped or gouged by normal usage.

I agree, if the other cabinets (Same house, or neighbors house) are showing the same self-destructing properties, present the evidence and don't pay the $200.

But it's kind of like a speeding ticket, if you were indeed speeding, then pay the ticket and move on.

[Speed_69]

Originally posted by Thaco
keep your money, make them go to small claims, whoever has the money, has the power.... the landlord tenant act is a joke and legal fees are more than it's worth.

the only thing you need a previous landlord for is a reference, which you already have a place secured.

To the best of my knowledge, the landlord/agent has to go through through the Residential Tenancy Dispute Resolution Service (RTDRS) to submit a claim for the damages. I look into this stuff a lot because I run into problems helping my parents deal with their rental property.

If the Landlord is successful in their action, the tenant will be responsible for all of the filing/legal fees that the landlord incurs and any other costs like lost wages having to attend the hearing. The tenant would also have to take time off work to attend the hearing. In my opinion, it's usually the tenant who's worst off because landlord's have the power. OP would be better off paying the $200.

[JustinMCS]

Looks like you were pretty rough on those cabinets! They're only three years old?!

[guessboi]

This is not normal wear and tear. What were you doing to these cabinets?

[CompletelyNumb]

That's less than $8/month in damage. Seems cheap to me, I've never seen cabinets do that. And I've lived in 100% IKEA furnished places.

[turbotrip]

to be honest i would charge you a lot more than $200 for that damage. its not normal wear, and you are being offered a fair deal

[HiTempguy1]

I can't quite make out any damage except for the 1st and 2nd last pics which appear to be the same thing

At least with those pics, it definitely looks like a defect.

Looks pretty normal besides that for 3 years of wear and tear! Some if you guys have apparently never been landlords or lived in shitty quality places (there is stuff cheaper than Ikea from China guys, Ikea durability is fairly good).

[sabad66]

Could that be due to consistently using your feet to open them? Or maybe hitting it with a vacuum/mop?

Like others have said, $200 seems cheap for that. I would eat it and move on

[codetrap]

.

[Ntense_SpecV]

My cabinets are 4 years old and look very similar. Maple cabinets are soft and the finish is thin. Typical wear and tear if that is the kitchen sink cabinet.

[revelations]

Not worth dealing with paperwork BS for $200 for something that will be hard to articulate as normal wear and tear.

Have stayed in some cheap places in my time and have never seen this.

About the only time something like this crossed my path, I was a jet engine tech and some of the shop kitchen cabinets were doing this because people werent washing their hands and Mobil Jet 1 eats plastics over time.

All our microwaves and cabinet faces where fingers touched ended up cracking and peeling in a short while. Shuddered at what else MJ1 was doing internally

[ercchry]

Yeah, try withholding last month's rent cause of $200 worth of damage in 2.5yrs... should be entertaining

[Adrenaline101]

is that cabinet by any chance below the sink? I've seen some cheaper laminate doors peel/chip from having water dripped down them ( spillage from doing the dishes, wiping off the counter, etc)