Legal Help - Moving Out http://www.expertlaw.com/forums/ Issues that arise at the end of a lease, including proper notice for concluding a tenancy, and recovery and return of the security deposit. en Thu, 23 May 2013 04:41:56 GMT vBulletin 60 http://www.expertlaw.com/forums/images/misc/rss.png Legal Help - Moving Out http://www.expertlaw.com/forums/ Security Deposits: Deductions for Furnace Filters and Cleaning http://www.expertlaw.com/forums/showthread.php?t=158717&goto=newpost Tue, 21 May 2013 00:19:11 GMT My question involves landlord-tenant law in the State of: Colorado Failure of tenant to consistently replace furnace filters resulted in a... My question involves landlord-tenant law in the State of: Colorado

Failure of tenant to consistently replace furnace filters resulted in a $500-$600 furnace cleaning. Can the landlord deduct this cleaning from the tenants security deposit? This is the only related statement in the lease:

30. Tenant accepts entirely the responsibility replacement of furnace filters. ]]> Moving Out cotl http://www.expertlaw.com/forums/showthread.php?t=158717 Security Deposits: Security Deposit Refund Reflects Several Deductions Which I Do Not Feel Responsible http://www.expertlaw.com/forums/showthread.php?t=158705&goto=newpost Mon, 20 May 2013 21:14:22 GMT My question involves landlord-tenant law in the State of: Nevada I just moved from a rental home and the landlord has taken out of our security... My question involves landlord-tenant law in the State of: Nevada
I just moved from a rental home and the landlord has taken out of our security deposit $1900 to fix his home. He says the water softner was leaking and caused water damage. He sent pics of it to us, and it was leaking and caused damage, but we had no idea. The leak was such a slow leak it never touched the garage floor and we had a refrigerator stored in front of it so never saw behind it. He took out $675 of our security deposit saying it was our Neglect of his water softner so we are responsible for it. He also took $450 out to paint the house saying we had tacks and nail holes in the wall. ?? Well we lived there 4 years, we hung pictures and our lease states from day one the home was not painted upon our moving in. Am I responsible to paint the walls when I leave? I have threatened him with small claims which I know I would win, but he counter threats with Superior Court saying he will get us for much more than we can handle and ask for numerous more items to be fixed. I feel I am being bullied because he is a retired attorney. So should I just let him fix his house with my money in fear of being taken to Superior Court? He gave us written approval to install a jacuzzi in the backyard and we had it hooked up by an electrician and was a very neat job. But he says it was not wired correctly and could have cause him a huge lawsuit if anyone had gotten electrecuted. Ok, so upon moving we removed the jacuzzi and also removed all the "bootleg" (his words) electricity ran to it and nothing was damaged. Can he really sue me for this too? ]]> Moving Out Drinks12 http://www.expertlaw.com/forums/showthread.php?t=158705 <![CDATA[Security Deposits: Still Haven't Received Security Deposit After Two Months]]> http://www.expertlaw.com/forums/showthread.php?t=158659&goto=newpost Mon, 20 May 2013 02:44:20 GMT My question involves landlord-tenant law in the State of: California I moved out of my old apartment two months ago and I have still yet to... My question involves landlord-tenant law in the State of: California

I moved out of my old apartment two months ago and I have still yet to receive any notice of my security deposit. When I left the apartment it wasn't perfect but I asked for a final walk through not only in my 30 day notice but also in text messages to my landlord. I never received one, my manager claimed that the owners of the building were very busy. I have contacted the manager multiple times and she refuses to give me the contact information for the owners of the building. I'm not sure where I can go from here.

All I know is that the owners of the building are called R.T.I Properties, I have done an internet search and have found contact information for a company of the same name but I am not sure if it is the same R.T.I and if I should call these people about my security deposit. The manager is now beginning to completely ignore my calls and text messages, can someone give me some information on where I can go from here?

Thank you very much! ]]> Moving Out MagnaDoodle http://www.expertlaw.com/forums/showthread.php?t=158659 Security Deposits: Tenant Broke Lease Early, Do We Have to Return Security Deposit http://www.expertlaw.com/forums/showthread.php?t=158612&goto=newpost Sat, 18 May 2013 22:45:15 GMT My question involves landlord-tenant law in the State of: Louisiana My husband and I have one rental property. We rented it to a couple in... My question involves landlord-tenant law in the State of: Louisiana

My husband and I have one rental property. We rented it to a couple in February and they signed a year long lease.

They called us in late April to say they were moving out of state and would like to break their lease. They said that since they understood they were breaking the lease, they were fine with us keeping the security deposit.

We were able to find a person to move in the day after they vacated so we didn't lose rent money, but we were still planning on keeping the security deposit due to the trouble of finding a new tenant so soon. Today they called to ask about getting their security deposit back.

Are we legally required to return it to them. I found that in the Louisiana Lessee's Deposit Law it states that landlord "may retain all or any portion of the advance or deposit which is reasonably necessary to remedy a default of the tenant or to remedy unreasonable wear to the premises." Is breaking the lease early a default of the tenant? It also states that the paragraph mentioning that the lease needs to be returned "shall not apply when the tenant abandons the premises, either without giving notice as required or prior to the termination of the lease." ]]> Moving Out kbanks55 http://www.expertlaw.com/forums/showthread.php?t=158612 Security Deposits: Landlord Keeping Security Deposit for Damages but There Was No Move-in Inspection http://www.expertlaw.com/forums/showthread.php?t=158611&goto=newpost Sat, 18 May 2013 22:33:24 GMT My question involves landlord-tenant law in the State of: Georgia My landlord is charging me for property damages that he has noticed since we... My question involves landlord-tenant law in the State of: Georgia

My landlord is charging me for property damages that he has noticed since we moved out? Here are the facts. There was no move-in inspection that was done to address the current condition of the property before we moved in nor did we sign a move-in checklist that addressed the current condition of the property before we moved in. We are in Georgia and my landlord owns less than 10 rental units so he is not required by law to do a move-inspection and record a move-in checklist. He has no pictures of pre move-in condition and neither do I. It's my word against his that's all the magistrate judge will have to go on. What is the likely outcome in court if I sue for the return of my security deposit that was held for those charges? ]]> Moving Out Paul Brennaman http://www.expertlaw.com/forums/showthread.php?t=158611 <![CDATA[Security Deposits: Landlord Didn't Use "Non-Refundable" Portion of Deposit for Written Purpose]]> http://www.expertlaw.com/forums/showthread.php?t=158442&goto=newpost Wed, 15 May 2013 04:13:40 GMT My question involves landlord-tenant law in the State of: Utah

We paid a deposit and last month's rent and recently sold our contract to someone else. We informed the landlord that we had a couple ready to take our contract, and we informed him the day we finalized our new place and the willingness of the couple to take our apartment so that he could get the ball rolling on paperwork and whatnot.

Our contract states that there is a non-refundable portion that "WILL BE USED" (emphasis mine) for cleaning the carpets.

So, he didn't clean the carpets before the other couple moved in, made no attempts to contact us about a cleaning, made zero attempts as far as we can tell to try and schedule a cleaning, etc. Then after moving out and the day of delivering our self-addressed stamped envelope as we were supposed to, we texted him saying that we anticipated receiving our full deposit back as there were no attempts made to clean the apartment and we left the apartment in immaculate condition, and passed our cleaning check with flying colors.

His response indicated that the portion of the deposit was non-refundable and that while he didn't "have time due to short notice" to schedule a carpet cleaning, the $75 wouldn't be refunded.

Can he withhold money that was supposed to be used for something that it wasn't used for? We know that he's charging the current couple the same non-refundable fee, so does this constitute fraud or something? Worth pursuing in small claims court if he stays true to his word and doesn't return the money?

Thanks in advance. ]]> Moving Out doesntspeaklegalese http://www.expertlaw.com/forums/showthread.php?t=158442 Security Deposits: Can I Get My Share of the Security Deposit Back if My Roommate Renews the Lease http://www.expertlaw.com/forums/showthread.php?t=158404&goto=newpost Tue, 14 May 2013 02:29:52 GMT My question involves landlord-tenant law in the State of: Maryland Hello, I signed a 1 year lease with my roommate at an apartment complex in... My question involves landlord-tenant law in the State of: Maryland

Hello,

I signed a 1 year lease with my roommate at an apartment complex in Baltimore County. We need to give 90 days written notice if we will be renewing the lease or moving out. My roommate wants to renew, I do not. I will be writing a certified letter stating that I will not be renewing the lease. My roommate will need to reapply for a lease on her own because of this which she plans on doing. Does anyone know what will happen to the security deposit? Will I get my share back or is it just going to roll over onto her new lease?

Thank you so much for your help. ]]> Moving Out marylandresident http://www.expertlaw.com/forums/showthread.php?t=158404 <![CDATA[Breaking a Lease: Tenant Claims She's Being Stalked, Wants to Break Her Lease]]> http://www.expertlaw.com/forums/showthread.php?t=158366&goto=newpost Mon, 13 May 2013 15:27:15 GMT My question involves landlord-tenant law in the State of: TEXAS Tenant lease expires in October 2013. Apparently there has been some sort of... My question involves landlord-tenant law in the State of: TEXAS

Tenant lease expires in October 2013. Apparently there has been some sort of stalker situation. Someone was arrested this weekend and the tenants are talking to police today. I have been told they intend on getting a restraining order put in place for the stalker person of interest. This "stalker" person does NOT live in the rental property, so family violence statutory right does not apply from what I read. Damage to personal property has been done per the tenant such as tires slashed, weird notes left on vehicle threatening life, etc.... I am waiting on proof.

I am at the time unsure if willing to allow lease to be broken, but would like any information because we have never had this happen before.

Have a valid TAR lease with valid TAR Realtor.
Lease states 60 days notice is required, have an extra addendum stating this as well.
Not willing to sublease at all.

Lease states "tenant mat attempt to find a replacement tenant and may request landlord to do the same. Landlord may, but is not obligated to , attempt to find a replacement tenant under this paragraph." Page 12 of 14 Paragraph 28 B2

Is this correct, or was there a law just passed that Landlord has to try to mitigate costs by finding replacement as well?

Paragraph 28 B 4 states in BOTH (a) (i) (ii) and (b) (i) (ii) if tenant (A part) or Landlord (B) part procures the assignee, subtenant, or replacement tenant:
(i) $800
(ii) 100% of one's month rent that the assignee, subtenant, or replacement tenant is to pay.

Realtor said we can list @ $890 now.

I assume security deposit is still refundable as normal terms on a lease and that is not held?

Is it unreasonable to write tenant that we agree as landlords they can break the lease provided:
They assist in allowing to show the property as needed (including crating or removing dogs for showings), keeping it clean, etc...and at least give us 45 days notice of intent to vacate instead of 60 days?
Also I would note to them they would be bound to either paying out through rest of the lease $4k upfront (but when we get a new tenant we would reimburse the part from that time frame because we can not legally double charge rent) OR what is listed above as $800 AND 100% of rent that a new tenant will be paying (which would be around $1690.
What forms do I need to use to specify these terms?

Thanks ]]> Moving Out AusTexMomma http://www.expertlaw.com/forums/showthread.php?t=158366 Moving Out: Do Both Roommates Need to Agree to End a Month-to-Month Tenancy http://www.expertlaw.com/forums/showthread.php?t=158259&goto=newpost Fri, 10 May 2013 13:53:24 GMT My question involves landlord-tenant law in the State of: CALIFORNIA Hi, My one year lease period has ended and it has reverted to a... My question involves landlord-tenant law in the State of: CALIFORNIA

Hi,
My one year lease period has ended and it has reverted to a month-to-month tenancy. I have tried to move out, but I wasn't able to get my roommate to sign a form releasing me from the lease. Now that it's month-to-month, do I still need their signature?

P.S. I'm perfectly happy letting them keep my security deposit... small price to pay for freedom. ]]> Moving Out boston_019 http://www.expertlaw.com/forums/showthread.php?t=158259 Moving Out: What Claims Can Be Made After Deposit is Returned http://www.expertlaw.com/forums/showthread.php?t=158245&goto=newpost Fri, 10 May 2013 02:19:12 GMT My question involves landlord-tenant law in the State of: Arizona On the day we moved out we had a final walkthrough. Our landlord looked through... My question involves landlord-tenant law in the State of: Arizona

On the day we moved out we had a final walkthrough. Our landlord looked through the house and stated that for the minor damages we should pay the full sewer bill for this month ( instead of proration). We agreed and our deposit was returned.

A few days after he found a cracked window and 2 broken blinds. He said that if we don't pay for repair he would take pictures of those things among anything he could find ( he mentioned the lawn not taken care off well enough) and take us to court. In my estimation the money he asks for would be very minor however I don't feel it is right to charge us after the final walkthrough?

He feels that we lied to him because the blinds were open and so he did not notice but we did not do this intentionally. He missed the crack in the window ( and so did we too).

If he can sue us for this he will, but I am worried that if I pay for those damages he will continue trying to find further damages ( not that I am aware of any).

Any advice appreciated. ]]> Moving Out Jakeym91 http://www.expertlaw.com/forums/showthread.php?t=158245 Breaking a Lease: Are You Responsible for Additional Rent After Breaking Your Lease http://www.expertlaw.com/forums/showthread.php?t=158209&goto=newpost Thu, 09 May 2013 08:46:37 GMT My question involves landlord-tenant law in the State of: Ky Me and my wife signed a 1 year lease in January of 2012. We were forced to move out... My question involves landlord-tenant law in the State of: Ky

Me and my wife signed a 1 year lease in January of 2012. We were forced to move out in July of 2012 after loosing my job due to an injury.
My lease stated that I need to give a 7 day notice when I am going to vacate and turn my keys in.
I contacted my landlord and told him we would be moving out in 5 days and we did.
I came back on the 5th day to gather my remaining things (I hadn't turned my keys in yet) and he already had cleaning crews in there cleaning and painting the place.
And his cleaning crew had stolen everything from the apt including my wife's wedding dress.
Anyway, the lease did not stipulate that if we moved out early we would be responsible for any unused months remaining on the lease.
Then 2 months ago I get a letter from an attorney requesting $1334 for back rent.
My lease did not say anything about that, it only stipulated that we waive our right to a 30 day eviction to a 7 day eviction.
And on top of that is trying to sue for damages, there were no damages to the apt, we cleaned it before we left and it was the same as when we got it.

I contacted the attorney and asked for a copy of the lease and they explained they do not have it, to contact the landlord.
I did so just to hear he didn't have it that the attorney did.
So I'm being sued and no one even has a copy of the lease I'm being sued over, I do not have it anymore, (one of the things that was stolen or pitched by the cleaning crew I suppose) but if my memory serves me right, the lease did not say I would be responsible for unused time left on the lease and I still have heard nothing about what "damages" were encountered.
I do not have the money for an attorney, what are my options? Thank you. ]]> Moving Out ShelbysBaby http://www.expertlaw.com/forums/showthread.php?t=158209 Giving Notice: Notice to End a Fixed Term Lease, NYC Real Property Law Sec. 232-a http://www.expertlaw.com/forums/showthread.php?t=158167&goto=newpost Wed, 08 May 2013 04:30:20 GMT My question involves landlord-tenant law in the State of: New York // New York City I could not find a clear indication whether a NYC landlord... My question involves landlord-tenant law in the State of: New York // New York City

I could not find a clear indication whether a NYC landlord must always give 30 days' notice if they do not intend to renew an (unregulated) NYC fixed-term lease. Section 232-a of Real Property Law says:
Quote:
§ 232-a. Notice to terminate monthly tenancy or tenancy from month to
month in the city of New York. No monthly tenant, or tenant from month
to month, shall hereafter be removed from any lands or buildings in the
city of New York on the grounds of holding over his term unless at least
thirty days before the expiration of the term the landlord or his agent
serve upon the tenant, in the same manner in which a notice of petition
in summary proceedings is now allowed to be served by law, a notice in
writing to the effect that the landlord elects to terminate the tenancy
and that unless the tenant removes from such premises on the day on
which his term expires the landlord will commence summary proceedings
under the statute to remove such tenant therefrom.
What does "monthly tenant" mean? A tenant who pays rent every month (as agreed in a written fixed-term lease)? Or did the legislator stutter and mean exactly the same thing as a "tenant from month to month" which I understand covers mostly oral contracts?

Thanks,

a. ]]> Moving Out an0n http://www.expertlaw.com/forums/showthread.php?t=158167 Cleaning and Repairs: No Rental Agreement or Security Deposit - Do I Still Have to Pay for Cleaning http://www.expertlaw.com/forums/showthread.php?t=158156&goto=newpost Wed, 08 May 2013 00:19:12 GMT My question involves landlord-tenant law in the State of: California

My boyfriend and I moved into a room in a friend of ours' house. We signed no rental agreement and she did not collect a security deposit from us. We moved out of that location on November 17, 2012 and I thought everything was fine. Until 4 days ago (6 months after we have moved) I received an itemized list of cleaning charges for the room that we rented. I think it should also be said that we left the place in the same, dirty unvaccuumed condition as when we moved in. She is requesting a total right around $600 and I would like to know if I am obligated to pay her or not. The way I see it, if she wanted to be a serious landlord she should have started from day one with a written rental agreement and security deposit. ]]> Moving Out Hascherin http://www.expertlaw.com/forums/showthread.php?t=158156 Breaking a Lease: Landlord Says I Broke My Lease http://www.expertlaw.com/forums/showthread.php?t=158151&goto=newpost Tue, 07 May 2013 20:51:30 GMT My question involves landlord-tenant law in the State of: Texas I have an issue with a previous lease of mine that has just come to light and am... My question involves landlord-tenant law in the State of: Texas

I have an issue with a previous lease of mine that has just come to light and am not sure how to proceed in correcting the matter. I lived in an apartment for 5 years, renewing my lease every year, 12 months at a time. The last two lease agreements have incorrect dates listed for the length of time until expiration of the lease. They both show a date range for 13 months each (March 1st, 2011 to March 31st, 2012). The first sentence in the lease agreement states the agreement shall be for 12 months and 0 days. I moved out the day that my lease was supposed to end after the 12 month period. Management is saying I owe them money because I didn’t stay until the end date listed on the lease, even though it clearly reads 12 months and 0 days, not 13 months and 0 days. I would like to know if I have any type of recourse for this.

Thanks ]]> Moving Out tophatter14 http://www.expertlaw.com/forums/showthread.php?t=158151 Moving Out: Landlord Claiming False Damages After Moveout http://www.expertlaw.com/forums/showthread.php?t=158150&goto=newpost Tue, 07 May 2013 20:43:39 GMT My question involves landlord-tenant law in the State of: Georgia Georgia So I have a now former landlord who has itemized about 5k in damages.... My question involves landlord-tenant law in the State of: Georgia

Georgia

So I have a now former landlord who has itemized about 5k in damages. He claims the following:
House Paint - $1200.00
Replacing Carpet - $3000.00 (Got the carpets professionally cleaned still soiled very badly)
Cleaning the House - $100.00
Garage Remote - $100.00
Living Room Light Fixture - $100.00
Re Key Fee - $200.00

Total $4700.00
Deposit Adjustment $900.00
Balance $ 3800.00


I sent him back the following message:
------------------------------------------------------------------------------------------------------------------------
Almost 5000 dollars? How about not [Landlord]. The garage remote costs next to nothing so I refuse to hand you more than 15 bucks for that, let alone 100. The light fixture in the living room was never there in the first place so I refuse to pay for that as well. The re-key fee is absurd as you only gave us the one key and we made another in case we lost it. You have both the original and the copy. Also there is only one door in the house that uses the house key so 200 dollars for a lock is insane. The carpets were already soiled badly when we moved in and had been professionally cleaned before we moved in according to [original brokerage company he was working with]. Now I suppose that since you've had renters, you are trying to attempt to make them pay for that and save yourself cash even though the carpets are hardly worse off than they were if at all. The walls are the only claim you might could make and not every room in that house needed repainting, let alone every wall. The walls I can think of in question were even in poor condition when we moved in. I refuse to accept such an outrageous Move-out form especially since I never got a comparison to the move-in form. Also I refuse to pay a cent until you can show me both the before and after photos which I have not seen that shows a significantly worse state than the original. If you do not have them, you aren't receiving a penny.

Attached is the original Move-in inspection form which, contains on the other side
of the page a Move-out inspection form. Also note that every room is listed as having
dirty/stained floor and the garage floor as having chipped paint.
----------------------------------------------------------------------------------------------------



He has replied:
----------------------------------------------------------------------------------------------------
When you buy things yourself and when you have a company come and do stuff it is different and that is the reason I had been repeatedly telling you to get the things back in order.
Remote call a company and ask them how much would they charge to come replace and configure it, Ask a locksmith to come replace the locks and see what do they charge, Light fixture was always there it is in all the pictures we posted for renting the house, None of the cost I mentioned is a penny more than it would cost me to get it done, This is a reasonable market price, Yes if you do it by yourself it could be done much cheaper.
Who would rent a place with soiled carpets so that argument is already VOID, yes there were few stains but were very very light which nobody will notice until you really stare at it and you know very well about it, you are making a point for a sake of it. I have all the pictures of the condition of the house. So nobody can question looking at the pictures that the house did not need a paint.
Make sure nobody in this business wants to make money out of this. I just want my house back in the condition we gave it to you, nothing has been done except painting and cleaning. House should have been given to us in a clean good condition on 04.30.13. We will give you 3 more days if you would like to come and do all the things by yourself, again If we pay the money to somebody it goes out from your pocket and we are giving you time to do the things yourself so that you can save money on it.
Please let me know when can you do it. If it is not done by Close of Business 05.09.13 we will have to get it done from outside vendors and you will be responsible for actual cost of getting the repairs done to whatever you have spoiled.
----------------------------------------------------------------------------------------------------

After this letter, I have chosen to discontinue contact with the landlord for the moment. He didn't even get the security deposit amount right which was 950 dollars and is stated in the lease. I contacted the brokerage company, whom he had been working with until halfway through our lease when he decided to terminate his agreement with them, to receive again another copy of the move-in form and lease, as well as a copy of the original move-in photos which pretty clearly show no ceiling fixture. Also the rekey fee is listed as 75 dollars in the original lease, but I need to unpack some boxes to get to the 4 month contract extension to make sure that that didn't change. The brokerage company told us to make the extra key as we had 1 key for 3 people. We rented the place with the soiled carpets and so forth because the rent was cheap, the location was perfect, and we were out of time to find a place as our lease on the apartment we had been in was up. Do these sound like bully tactics or can he make me pay for all the damages? Is there anything I need to be doing in the mean time short of spending money I don't really have on an attorney? ]]> Moving Out cutlass81 http://www.expertlaw.com/forums/showthread.php?t=158150