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-   -   is landlord trying something fishy? (http://archives1.twoplustwo.com/showthread.php?t=459944)

Edge34 07-24-2007 11:56 PM

Re: is landlord trying something fishy?
 
If there's one thing I've learned from TV court shows, its that you can never have too much in writing. My landlord at my last apartment asked for the notice to vacate a month or two prior, and she was the best landlord I've ever had to deal with. Did everything on time and was quite thorough, and in the end I got my entire deposit back because of her help. Nothing fishy AT ALL.

That said, if you didn't do a damage report when you moved in, you better make sure this place is as spotless as possible when you leave. And just write her a note so you don't get charged, like everyone else has said.

Ray Zee 07-25-2007 12:02 AM

Re: is landlord trying something fishy?
 
you have to give 30 days in advance written notice that you are moving, or you are responsible for the next 30 days. she nicely asked for it and you havent done it. that is construed as you are not moving. she would of course expoect the next months rent as she cant rent it out until you commit on moving in writing. so give her the written notice dated from the time you discussed it and have her initial it on your copy. then you are covered.
you are also responsible for any damage other than normal wear and tear that you caused. good luck and do things in writing with busineeds people or when you will need to remember somethnng

Rootabager 07-25-2007 12:03 AM

Re: is landlord trying something fishy?
 
thanks i had no clue. she could just bend me over if she never did a damage report. She just never came and did it. I am worried a little because some places in the basement were unfinished and pretty rough when i moved in and didnt want to get screwed. she is pretty nice though so hopefully she wont screw us over.

I guess I will give her the paper, even though she is going to be moving into this house after I leave so i dont think she would make us live there for another year.

Edge34 07-25-2007 12:23 AM

Re: is landlord trying something fishy?
 
[ QUOTE ]
thanks i had no clue. she could just bend me over if she never did a damage report. She just never came and did it. I am worried a little because some places in the basement were unfinished and pretty rough when i moved in and didnt want to get screwed. she is pretty nice though so hopefully she wont screw us over.

I guess I will give her the paper, even though she is going to be moving into this house after I leave so i dont think she would make us live there for another year.

[/ QUOTE ]

Another thing to keep in mind - most "landlords" you deal with, or at least a good number of them, aren't the highest up at their company. Another reason to have everything in writing, so their boss doesn't nail you on some dumb technicality when the apartment manager or landlord tells you the wrong thing.

Is this your first rental? I'm surprised the landlord didn't give you a form to fill out detailing prior damage or at least told you that you should...hope things work out OK for you.

Rootabager 07-25-2007 01:52 AM

Re: is landlord trying something fishy?
 
it's not a company. it's just a women that owns a house. she is getting married soon and is moving back in august first.

I lived in a frat house for all college, then a college apt.

I have never lived in a house before or anything.

bdf 07-25-2007 08:21 AM

Re: is landlord trying something fishy?
 
PM me sometime with more details...I was successful at taking a landlord to small claims court in Ohio (judgement in my favor for $1,500).

or AOL "bdfrasure"

Oliver Nipples 07-25-2007 08:34 AM

Re: is landlord trying something fishy?
 
You haven't really protected your deposit well. She can essentially take what she sees fit. I learned this in college as well renting a house in the burbs with three friends. The state laws were that all deposits had to be placed in seperate interest bearing accounts and that the tenant had the right to inquire. Sometime in the summer out fridge crapped the bed and we were told that we could get a new one if we paid the following months rent early at which we legally inquired the status of our deposit and she went bat [censored] crazy.

bdf 07-25-2007 08:36 AM

Re: is landlord trying something fishy?
 
OP....assuming you're actually in KY as your info box states.....go here: KY law re: security deposits

Specifically section 4...."no landlord...shall retain any portion of security deposit...if initial and final damage listings are not provided"

Appears as if you're fine on the damages issue, i.e. that the burden of proof is on the landlord, not you.

I encourage you to read the rest of the landlord/tenant laws for KY...obviously, I didn't...but you may want to.

Hope this helps...PM or AOL for more info if you wish.

Emperor 07-25-2007 09:10 AM

Re: is landlord trying something fishy?
 
Always ask landlords for references, from past tenants.

Ask if they got their deposit back.

Last landlord I had not only let me out of lease, but prorated the rent & Utils for the current month, AND gave me my whole deposit back.

Fast Food Knight 07-25-2007 09:25 AM

Re: is landlord trying something fishy?
 
Yeah I screwed up in a similar scenario. Our (many page) lease specifically stated that we had to turn in a certain form with signatures 60 days prior to the end of the lease stating that we were moving out, and the lease also stated that a verbal extension granted by the leasing office did NOT absolve of us that duty. One of my roommates cracked her knee into like 50 pieces directly prior to the 60 day mark and she wasn't sure if she was going to be able to graduate, go back to school the next semester, etc. So unknowingly, we asked for an extension on our decision and the office was overly happy to verbally grant us one. During the move-out process and final walk-through, everything was all smiles and "looked great", then we were served with a bill for an extra month's rent for "not following procedure." We tried to fight it but it was pretty airtight, being in the lease and all. Sucks.


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