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  1. #1
    Join Date
    Jun 2013
    Location
    Austin, Texas, United States
    Posts
    4

    Default Dissatisfied with Condition of a Rental Apartment

    My question involves landlord-tenant law in the State of: Texas

    I would like a professionals take on my situation.

    I recently moved into a different unit in the same complex. Upon moving in I found that almost nothing had been done to prepare the home for us and the work that had actually been done was all done incorrectly. It is obvious management either did not even inspect the work that had been done or they simply did not do it.

    Is this legal? How can they not use the previous tenants deposit for repairs?

    Pet deposit: back door frame scratched and chewed up.
    Weather strip chewed up and hanging off.
    Siding in back yard chewed up.
    Metal fencing left around bottom of fence, is coming off and is hazardous to my children.
    Outlets in bathrooms do not work.
    Faucet in front yard rusted off/ have to use pliers to turn on.
    Bath tubs not cleaned, had to clean dirt rings from around both tubs.
    Cleaned dead flies off of inside window.
    Food on ceiling in kitchen.
    Not all drawers have rollers / cabinet latches (some do have them but most donít). This cause them to fall out constantly, especially when my 2 y/o is opening them.
    Thermostat does not work. Reads 80 but is set around 70. Runs constantly.
    Diswasher leaks on rinse cycle.
    Master bedroom closet smells like dog.
    Door ways in master bd, master bath, and master closet have claw/chew marks that have just been painted over no sanded.
    Fixture in dining room is cracked.
    Bottom frame on air condition unit closet is cracked .
    Paneling below kitchen cabinets is coming off.
    Paint on floor in dining room. Looks like someone attempted to clean but smeared it around.

    These are all the things I have found so far.

    How is it that this establishment can take the previous tenants deposit and not fix the issues it is supposed to cover?

    Thanks in advance!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,025

    Default Re: Dissatisfied with Condition of a Rental Apartment

    Document the condition of the apartment, and take pictures. You would, of course, want to do that before moving in. Did you complete a move-in checklist documenting your complaints?

    If you have minor repairs you would like to have made, talk to your landlord about having those repairs made.

  3. #3
    Join Date
    Jun 2013
    Location
    Austin, Texas, United States
    Posts
    4

    Default Re: Dissatisfied with Condition of a Rental Apartment

    Yes we completed the checklist. The point is the damage to this home was not fixed before we moved in. Yes we can document the current status. I am asking how is it that this company can take the previous tenants deposit and not do the work this money is supposed to cover?

    FYI they kept our entire deposit from the unit we transferred from yet very few repairs if any were done period and the ones that were done were poorly done.

    There were minor repairs needed at our our unit but not enough to warrant a $500 bill.

    It is clear they do not use the deposit to use the repairs so how can they justify keeping our deposit? This sounds like fraud. What is the deposit for if they are not going to repair the damage it covers?

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    14,803

    Default Re: Dissatisfied with Condition of a Rental Apartment

    The obvious questions are why did you sign the lease and why on earth did you move into it. Now the burden is on you to accept or push for issues to be resolved.
    Dear Santa. For Xmas this year I want a fat bank account and a slim body. Please don't mix them up again.
    Why do stores in the US have so many undocumented shoppers?

  5. #5

    Default Re: Dissatisfied with Condition of a Rental Apartment

    Your security deposit would be used to cover damages from your PREVIOUS rental unit, not the new unit you moved into.

    Gail

  6. #6
    Join Date
    Jun 2013
    Location
    Austin, Texas, United States
    Posts
    4

    Default Re: Dissatisfied with Condition of a Rental Apartment

    Gail,

    I like I said. The proper repairs were not performed which would have been covered by THE PREVIOUS TENANT's DEPOSIT.

  7. #7

    Default Re: Dissatisfied with Condition of a Rental Apartment

    " I am asking how is it that this company can take the previous tenants deposit and not do the work this money is supposed to cover? "

    Since this does not involve your security deposit, it is, frankly, none of your business in regards to them not using the previous tenants deposit for these repairs. If the previous tenants have an issue with this, it is up to them to question this.

    In meantime, document your requests for repairs, leaving out items that are not repairs (i.e., dead flies on the window, dirt rings in the bathtub, dried paint on the living room floor), making sure such requests are in written form.

    Gail

  8. #8
    Join Date
    Jun 2013
    Location
    Austin, Texas, United States
    Posts
    4

    Default Re: Dissatisfied with Condition of a Rental Apartment

    How is it not by business when repairs and maintenance duties were not performed as outlined in the lease? Do you not grasp what I am saying? The previous tenants deposit is to cover damages to a residence.. These repairs were not done. I know how to document repair requests. The point is these repairs should have been done in the first place. Why was the pet damage not repaired with the previous tenants deposit?

    I realize cleaning is not a repair but it is something they they charge a standard fee of $150 regardless of how clean the home is upon moving out. Why was this place filthy when we moved it? Leave out the fact when they painted the place they spilled paint and were too lazy to clean it? I know for a fact they did not do hardly any work because there were no workers there and because we asked if the place could be ready early. They said Yes but Yes to them means they will just not do any of the work or half-ass it while Yes to the future resident means the home will have all the expected repairs and cleaned. I am leaning towards management being crooks. So just because we asked if the home could be ready when we needed it that gives them the right to just not do anything? I am not the type to sit around and get taken advantage of.

    Can someone please give me some relevant insight here? Any similar experiences?

  9. #9
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,025

    Default Re: Dissatisfied with Condition of a Rental Apartment

    It's none of your business how the landlord applies a prior tenant's security deposit to repairs. If you want to dictate how deductions are made for repair costs from security deposits for your building, and when repairs are done between tenants, you should start by buying the building.

    If you want your landlord to make repairs to your unit, ask your landlord to make repairs.

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