Posted by Carl Tuengue on May 16, 1999 at 11:29:45:
In Reply to: Return of My Security posted by Robin on May 14, 1999 at 11:29:21:
You don't say whether you drove over any sprinkler heads. If you didn't, it isn't real plausible that you did any damage, and your landlord is making a real stretch in keeping your deposit. It's enough of a pretext to protect him from malice, and triple damages or whatever the remedy for malice is in your state.
Was the ground frozen that day? If it wasn't, the sprinklers should've been turned on right then and there, and you had the right to insist on this. What if they had done this, and a sprinkler head three feet away from your tire tracks turned out to be damaged? Now they will try to act like you're liable for any damage to the whole system-- though, in my opinion, they have lost an opportunity to prove their case.
I recommend you look into legal action, especially if your personality is one that thrives on a good fight. And winning one, of course.
I don't know what to make of the involvement of the condo association. That might lend a complication that takes the burden of blame off the landlord, if there is one. Make sure you sue the right people.
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