What can i do if I rented a cabin for the weekend and they called me to pay for repairs to a tub I didn’t break?
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What can i do if I rented a cabin for the weekend and they called me to pay for repairs to a tub I didn’t break?
They didn’t take my deposit like they were supposed to. Their paperwork says it will “not be waived under any circumstances”. They didn’t have me sign and turn in their contract they gave me with the receipt when I payed for the first night. They called me asking for security codes to my credit card, and have yet to send me photos of the damage, but the price of replacing the tub keeps on going up. What legal action can they take against me and what can I do to defend myself?
Asked on October 5, 2011 under Real Estate Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can be sued; if the landlord claims you broke his, her, or its property and will not pay for it, they can sue you and try to prove in court that you owe the money.
If they do sue you, they have to prove their case: provide evidence of the damage; evidence or at least testimony that you (and not, say, an earlier or later guest) caused the damage; and evidence of the cost of repairs. You, in turn, will have the chance to present evidence that either you did not cause the damage (which evidence can consist of your testimony) and/or that the price they are quoting you for repairs is unreasonably high. You can also bring up other irregularities that may cast doubt on their case or them (e.g. they keep inflating the price; won't provide photos of the damage; etc.).
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