Landlords and moving out of an Apartment!
By babygrl22004
@babygrl22004 (238)
United States
November 30, 2006 4:03pm CST
So I have this landlord that has always been a pain and always calling me and arguing with me all the time ever since we moved in there. Always kept the heat down lower at night when temperatures would drop into the single digits. We're finally moving out after our year lease is up and well our landlord is being very mean and demanding. We had the carpets steam cleaned and when we turned in our reciept to show proof he told us the floors had to be waxed and everything had to be painted. I dont know if I should just do it or leave it because its not how it was when we first moved in. I do want as much of the security deposit back though and I know its going to be a huge ordeal just getting it back. any advice?
19 people like this
131 responses
@sedel1027 (17846)
• Cupertino, California
30 Nov 06
The first thing I would do is pull out my lease and find out what was stated in the lease regardles move out expectations. If nothing is listed, then the landlord cannot expect anything out of you. Personally, I would not do more than you have except somce basic cleaning that all complexes expect - fridge, kitchen, bathrooms, oven. If I were you I would make the landlord do a walk through with you and document with you anything they deem wrong or different than you had it on move in. I would make sure he/she signs and agrees to it.
3 people like this
@vibhor1986 (290)
• India
1 Dec 06
i agree
this man is being way to mean!!!!!!!!
if ur not legally bound then dont compromise.
2 people like this
@reeseyj (906)
• United States
1 Dec 06
Those things that he named are normal wear and tear. Unless it states in the contract that those are required you do not have to do that. Broken windows and holes in the walls are not normal wear and tear, those you have to pay for but it sounds to me u r intitled to your whole security deposit back.
@Mommamea (1215)
• United States
1 Dec 06
read your lease and find out what it says. Take pictures and keep the reciept for the cleaning bill. Let the Landlord know you will be taking him to court if you don't get your deposit back if it says that in the contract. Sounds like he could be trying to get one over on you. Don't let him get away with bullying you out of your deposit. What does your lease agreemant say your move out procedure are? If you have followed them, take him to small claims court if he isn't willing to give back the deposit.
@margieanneart (26423)
• United States
1 Dec 06
That is great advise, and I agree with you 100%.
1 person likes this
@deepika_mona (1338)
• India
1 Dec 06
yes i also think this is good advice as where ever u be u should always be careful of landlords they relly very abusive
1 person likes this
@xbrendax (2662)
• United States
1 Dec 06
I would just move out and leave everything as is and just say screw it all! Of course you would probably lose your deposit, but if your landlord has his way, you will lose it any way! It is not worth all the time and trouble and arguements and extra work, just walk away and don't look back!
@sexymuma (1261)
•
1 Dec 06
it is worth the time and trouble money does not come along willy nilly,as tenants we have rights too,i agree with other responers, check out your lease but go to the libary abd check out your rights as well forarmed is forwarned.it helps if you know what you are talking about.x
@krizz420 (4385)
• Canada
1 Dec 06
Personal if I was you I would go ahead and paint it but keep reciepts. Then take him or her to small claims court with your proff of everything and you should have no problem getting your money back. I had to do this once myself and I won my case. You sound like your intelligant and well mannered so you should have no problem. This way you dont have to deal with him till court. If he is as bad as you let on his attitude alone will sink him with the judge! Good luck
@TRAK77 (202)
• United States
1 Dec 06
Well, I'm a realtor and one thing I had to know to pass my exam was landlord tenent laws. (contact your state for most accurate info) By and large MOST states are not going to make you responsible for the repainting or waxing of floors. This is what is known as "normal wear and tear" you need to give back the unit in clean condition, ie; cleaning carpets, appliances, floors etc. That's it though. Get your hands on you landlord tenant laws for your state and fight this, you still have time so don't just sit there and wait. Also document and photograph what you have done to restore the unit.
@vipul20044 (5793)
• India
1 Dec 06
Well buddy this clearly shows that he isnt interested in keeping you in!
Well no offence but its time for you to find a new home
He has to pay the security
I just hope you have a written paper for the same and if he refrains take the help of law
@cloud9 (176)
• Philippines
1 Dec 06
We have the same landlord. Well, I'm not moving out but for some reason, our landlord would only show up whenever it's time to pay the rent. But when we complain about the problems we're encountering with the apartment like a leaking faucet or the roof needed to be fixed, he can't even show up to fix these things or provide someone who can fix it for us and we have to do everything.
Fixing the apartment is not your problem. He should be the one to do that and spend just to fix everything. Anyway, it won't be rented if he doesn't do it and if nothing on your lease says that you should do it before leaving, then you won't be held accountable for it.
@nanhegujral (4632)
• India
1 Dec 06
You should check out your agreement and try to get your security deposit back and there is no way he can tell you to paint or wax everything if it is not mentioned in the agreement.
1 person likes this
@Himansu (793)
• India
1 Dec 06
Before Thinking anything go through your agreement what exactly mentioned by your landlord. maintinance is the responsibility of the Landlord. politely ask him to return your security. If He is not agreed to return Then Just Prepare yourself to Fight, Don't Loose Faith, Collect all your evidences, your Receipts and just give him a verbal Notice.
@deepika_mona (1338)
• India
1 Dec 06
Yes dont loose the confidence n than rig off as it is very important to see that the landlord is really a fraud has he cheated anyother also n also need to check also the past also As if there is many frauds u need to give him a notice
@sabrinam (1203)
• United States
1 Dec 06
Tell em you are calling a lawyer, this makes me so mad! You don't have to do his make ready for him, don't do another thing to that apartment. What state do you live in? There should be an organization that protects tenants in your state. Not only did he not have the right to control your temperature at night, it's against the law! What is he a slumlord or something? Move right away and take pictures of how you leave the apartment, write a formal letter to him advising that you will be expecting your deposit back within 14 business days and if he does not comply you will be contacting your attorney and pick a name and address out of the phone book. Not to mention you should review your lease for any addendum about the heat, if it's not there advise your landlord that you expect complete compliance with your deposit or you'll be reporting him to the Tenants' Association in your state. You have a right to peace where you live, be it an apartment or a condo or a house. You have a right to your deposit back and make sure he understands that you will stop at nothing to get it back. YOU have the power in this situation, HE does NOT! I hate landlords. If you have any further questions about this feel free to message me, I live in Texas where we have virtually no rights, but I'll tell you, I get all my money back. Be tough!
@sabrinam (1203)
• United States
1 Dec 06
Picking the name and address out of a phone book, put it at the bottom of the letter like this:
cc: lawyer name
lawyer address....
because then the landlord will think you've already contacted an attorney and he'll be less likely to give you crap. If he calls you after you give him notice of you expecting your deposit back, tell him you are not speaking with him under advisement of your attorney, that'll scare the socks off him. You'll get your money back that way, anytime someone like that threatens you, threaten them back with an attorney, more often than not, they'll take you at your word and comply.
@rusty2rusty (6763)
• Defiance, Ohio
5 Dec 06
Some landlords are just nasty. I suggest what you need to do is prepare for a court battle. make sure you have the copy of the lease you have signed..read it. Make sure you comply with whatever the lease states ( I am sure you have done this already). make sure you have your receipts for steam cleaning the carpet, take pictures of everything in the house of how you left it. That way if he says something was damaged and wasn't....You have pictures to prove it.
Sounds like you may have to fight for your security deposit to get it back. many landloards don't like to give it back
@polachicago (18716)
• United States
1 Dec 06
Landlord is responsible not only give you your deposit back, but also an intrest from it.
Check your contract. If you did not "make any marks" on his wall, painting is out of Question. This is his problem.
@SoulEraser (496)
• Singapore
1 Dec 06
Install a spycam(with microphone feature) and hopefully capture a shot of him being unreasonable. Just show the tape later to the authorities.
@sororravn (448)
• United States
1 Dec 06
I also recommend taht you speak with the local Tenant's Association. They will give you a copy of the Landlord/Tenant Act that you want to read over with a copy of your lease. The Tenant's Assoc is a group of lawyers who know the Landlord/Tenant Act backwards and forwards and work on behalf of the people who are renting from unreasonable landlords. They can send letters to your landlord and make sure that he gets them and it usually only costs $50 for a one year membership. Well worth it for all the help that they offer!
1 person likes this
@shellyrios (1212)
• United States
1 Dec 06
Well unless you damaged the walls and the floor then I can see him asking you to repair, but unless it stipulates in your lease if you are responsible for painting and waxing when you move out, then you shouldn't have to paint and wax. It usually states in a lease that they want the apt to be in the same condition it was in when you moved in, OR to clean adequately. I would take pictures after you clean, and after you've already steam-cleaned. As long as you didn't DAMAGE anything and CLEAN real good then he shouldn't have a reason to give it back, that's why you should take pics incase you need to threaten to take him to court...
@starr4all (2863)
•
2 Dec 06
Sounds like your landlord is a total ahole! I would look at your lease agreement and then document everything. Have him walk through with you but document document document! And definately make him sign it. That covers your behind if he decides not to give back your security deposit.
@CMC122003 (316)
• United States
1 Dec 06
Here is my opinion. Your going to spend most of the deposit on the waxing and painting. So is it really worth arguing and fighting over. Or would it be easier to just walk away. In this situation I would just walk away. Especially if the place wasn't waxed and painted before you moved in. It just sounds like he's trying to take advantage of you. Hope things work out.
@dan1107 (339)
• India
2 Dec 06
Sadly most of the landlords are the same as you described. They behave as though they have come from other planet and a tenant is their only to trouble. In the senario you just described, its hard to get out of it so in my opinion let the things happen as they are happening.
@sergiuarsenie (309)
• United States
1 Dec 06
First off, let the lease expire. Return the apartment to EXACTLY the condition it was before. It would be wise to hire a surveyor to give you a report on the apartment when you move in and have the landlord sign it. Once you did that, politely ask him/her for the deposit back and show them that the apartment is in original condition.
I would not hesitate to ask for it back if he was as bad as you say (not turning on heat much, etc.) My landlord is the same way but with a smile for a mask.