Thursday, April 9, 2009

What is the law regarding items half paid by tenant half by the landlord?

When I moved into my house last year I had the landlord replace the bed and mattress. He wanted me to pay half of both, which I did. Now I'm moving out again and would quite like my money back (especially because my landlord is a terrible man! : ) )

Does anyone know what the law is regarding things like this?


If you asked him to replace an item that was already there and functioning and helped pick out or approved the replacement then your sol. The purchase was made at your request, he could have said no but instead offered to do so if you paid for half. Seems pretty straight forward to me... you contributed to his business, you got use of the purchase, so with depreciation your contribution is minimal. If you took the mattress(does not sound like you want it-just the money) you would be stealing and he could keep your deposit and if need be sue you for the replacement cost that is over your deposit amount minus damages. Call it a lesson learned and don't buy property for a rental.

Unless you got the refund terms in writing, there is no legal reason the landlord must refund anything to you.

However, if you feel he has been a bad landlord, you could try to go after him in Small Claims court, but there is not enough info in your question to give you a better answer.

Either he or you should have bought the items in question individually. If they're worth more than your deposit just remove them without telling him, possession is 9 tenths of the law after all. Either way one of you will have to buy the other person out.

Take the bed with you. Negotiate with him.

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