is landlord trying something fishy?
 

I move out on july 31st from my apt. My landlord knows im moving out then because we have talked about it. 2 different times now she has asked me and my roomates for a written paper saying that we are moving out with all our names on it.

I have never had to do anything like this before. She mentioned something about doing it so we could get out deposit back. This makes no sense to any of my roomates???

is she trying to get us??


Also she never filled out a damage report before we moved in. She said she was going to come and do it but just never did.

Is there anyway we wont get our deposit back. The house is in good shape, but i dont want her trying to pull anything over on us.

If I had to take her to small claims court or something would I win. It would be impossible to prove we did any of the damage. I obv hope none of this happens but I am just wondering if worse came to worse.

Re: is landlord trying something fishy?
 

wtf? she wants it in writing that you are moving out?

so write on a piece of paper. "we are moving out on july 31 as is authorized under our lease" then sign it and have her sign it.

Re: is landlord trying something fishy?
 

Soudns pretty standard. She probably just wants more evidence should y'all decide to overstay

Re: is landlord trying something fishy?
 

she probably just wants something that says your moving out so that if she finds someone to replace you guys, you can't back out and stay past july 31st

Re: is landlord trying something fishy?
 

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I move out on july 31st from my apt. My landlord knows im moving out then because we have talked about it. 2 different times now she has asked me and my roomates for a written paper saying that we are moving out with all our names on it.

I have never had to do anything like this before. She mentioned something about doing it so we could get out deposit back. This makes no sense to any of my roomates???

is she trying to get us??


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You should always submit in writing yourself. If you don't your landlord could charge you rent for August. Conversations are useless.

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Also she never filled out a damage report before we moved in. She said she was going to come and do it but just never did.


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That's your responsibility, not hers. You should've done it and if she needed to be there you should tell her to come. Also you should really take pictures of the place with a digital camera when you move in so you really have good documentation of the move-in condition.

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Is there anyway we wont get our deposit back. The house is in good shape, but i dont want her trying to pull anything over on us.


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Meh, you haven't protected yourself AT ALL so she can probably take as much of your deposit as she sees fit.

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If I had to take her to small claims court or something would I win. It would be impossible to prove we did any of the damage. I obv hope none of this happens but I am just wondering if worse came to worse.

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LOL she doesn't have to prove that you did the damage. If there is damage and you didn't document it then you are liable. You would have to prove that the damage was pre-existing, which it sounds like you can not.

Re: is landlord trying something fishy?
 

how could she charge you for rent in august if i have a lease until july 31?

Re: is landlord trying something fishy?
 

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how could she charge you for rent in august if i have a lease until july 31?

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my friend had a clause in his 12 month lease that if he didnt notify the complex in writing 30 days prior to the end of his lease that he was moving out his lease renewed.

that's a horrible scenario but it is pretty standard to notify your landlord in writing that youre moving. it's so there's no miscommunication and when she tries to rent it out to someone else you cant say youre renewing and throw a fit. then she'll have wasted time advertising and showing the place.

Re: is landlord trying something fishy?
 

A lot of lease's have a clause that at the end of the lease if the renter doesn't sign a new one it automatically goes to month to month so, if you do not give a notice and do not sign a new lease it goes to month to month and you will be liable for aug. You better hope she is a nice landlord.

Re: is landlord trying something fishy?
 

I have been on month-to-month for the past 2 years.

Re: is landlord trying something fishy?
 

Yeah, leases almost always turns into "month to month" at the end of term. You have to give 30 days notice to actually be clear to move out.

Mainly I'm trying to stress that any agreement you think you have with a landlord NEEDS TO BE IN WRITING. If it's not, then you have no recourse. I've had various problems before like one place I asked if I could have a pet, they said fine, but I signed a lease that said "no pets" and got in trouble. Get it in writing. When you tell them that you're moving out, submit it in writing, etc. etc.

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.

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

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.

Re: is landlord trying something fishy?
 

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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.

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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.

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.

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"

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.

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.

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.

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.

Re: is landlord trying something fishy?
 

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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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i would want to know if they kept the unit empty for an entire month and if this impacted how it should be handled. my guess is they immediately rented it out to someone else and got double rent for the month. if they charged you for rent for the unit and someone else, i would have investigated this angle.

Re: is landlord trying something fishy?
 

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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.

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How exactly is not giving her the paper supposed to help anything about the damage report? [img]/images/graemlins/confused.gif[/img]

Re: is landlord trying something fishy?
 

it's not they were 2 seperate questions.

You guys are all awesome. I really appreciate all the help!!

Re: is landlord trying something fishy?
 

If there is no written documentation of the state of the property when you moved in, you must get 100% of your deposit back. I used to manage apartments so I know this. I also sued a landlord in small claims over this issue and won. If she tries to keep even one penny tell her you will see her in court.

You do need to give written notice. In WA state, you have to do it 20 days before you vacate. Give her that written notice ASAP.

KJS

Re: is landlord trying something fishy?
 

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[ QUOTE ]
I move out on july 31st from my apt. My landlord knows im moving out then because we have talked about it. 2 different times now she has asked me and my roomates for a written paper saying that we are moving out with all our names on it.

I have never had to do anything like this before. She mentioned something about doing it so we could get out deposit back. This makes no sense to any of my roomates???

is she trying to get us??


[/ QUOTE ]

You should always submit in writing yourself. If you don't your landlord could charge you rent for August. Conversations are useless.

[ QUOTE ]

Also she never filled out a damage report before we moved in. She said she was going to come and do it but just never did.


[/ QUOTE ]

That's your responsibility, not hers. You should've done it and if she needed to be there you should tell her to come. Also you should really take pictures of the place with a digital camera when you move in so you really have good documentation of the move-in condition.

[ QUOTE ]

Is there anyway we wont get our deposit back. The house is in good shape, but i dont want her trying to pull anything over on us.


[/ QUOTE ]

Meh, you haven't protected yourself AT ALL so she can probably take as much of your deposit as she sees fit.

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If I had to take her to small claims court or something would I win. It would be impossible to prove we did any of the damage. I obv hope none of this happens but I am just wondering if worse came to worse.

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LOL she doesn't have to prove that you did the damage. If there is damage and you didn't document it then you are liable. You would have to prove that the damage was pre-existing, which it sounds like you can not.

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Not sure if laws vary by state but in WA, it is landlord responsibility to document the condition upon move-in, not tenant. Landlord must prove damages were made by tenant via comparison of move-in inspection report and move-out inspection report. If no move-in inspection, no proof that current tenants are responsible. I sued over this when me and my roomates got pegged with damages and the landlord had no move-in inspection forms, and we won. And I managed apartments for years and know these laws for WA state.

KJS

Re: is landlord trying something fishy?
 

It doesn't sound like your landlord is trying to screw you over or anything. Maybe she will maybe she won't. In any case, I think even without the move-in inspection that she never filled out, if there is damage that you know was your fault then you should be mature enough to pay for it without trying to get out on a technicality.

Re: is landlord trying something fishy?
 

Yah i really didnt think she was up to anything fishy. I just didnt know why I would have to give a written note telling her we were moving out.

I thought signing a lease that ended on july 31st was telling her I was moving out then.

Thanks for everyone's help though again. I really appreciate everything.