is landlord trying something fishy?

[bwana devil]

[ QUOTE ]
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.


[/ QUOTE ]

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.

[suzzer99]

[ 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 ]

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

[Rootabager]

it's not they were 2 seperate questions.

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

[KJS]

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

[KJS]

[ QUOTE ]
[ 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.

[ QUOTE ]

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.

[/ QUOTE ]

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.

[/ QUOTE ]

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

[Bostaevski]

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.

[Rootabager]

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.