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Archive for September, 2009



Date: Sunday, September 27th, 2009 6:07 pm Category: General Topics
Seeking deposit refund advice. Tenant

I recently moved out of the apartment I lived in for 4 years. I cleaned for a week before turning the apartment over and I left it in better shape than I got it. There were, however, two areas that needed repair 1.) a broken window and 2.) a layer of the wall, in the bathroom, had begun to peel off, due to water damage. I made no effort to fix either of these issues, because I did not feel that they were my responsibility. Within two weeks of moving out I received an invoice regarding my $300 deposit and a request for an additional $115 to cover the cost of these repairs.

The window was damaged over a year ago when someone shot two bb’s through my window leaving two pea sized holes. I noticed it when I got home from work one day and promptly called the police to file a report, as well as my apartment manager and the apartment owner. I was told they would replace it shortly, but they never did. Naturally, because it was never replaced, the window got worse as the holes began to spider out and then a 4" piece fell out. I am under the impression that since I notified them at the time of the original damage, I am not responsible for any resulting damage, nor the replacement of the window. Am I correct in this?

 As far as the wall is concerned, they cited "extreme wear and tear" on the invoice. Is water damage considered extreme wear and tear? I lived in an extrememly old building with plenty of leaks (the toilet, in the apartment above me, needed to be replaced because it fell through the floor, the shower above me leaked through the floor, down the wall and pooled on the stairs leading up to my apartment, my kitchen sink leaked to the cabinet below and needed to be fixed) and there is already existing water damage on another wall along that shower. I never notified the manager when I noticed the issue originally, but am wondering if the existing water damage is enough to prove that it was not extreme wear and tear and that it is another symptom of a preexisting condition. To me, extreme wear and tear would be caused by me directly and I had nothing on that wall in the place the damage occured.

 Ultimately I am looking for someone to tell me if I am responsible for either of these issue, because I feel like I am being taken advantage of, and if not what is the next best course of action? Should I contact the owner directly by phone, to dispute the charges, or should I send them a formal letter. I appreciate any and all advice!

 

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Date: Thursday, September 24th, 2009 11:48 am Category: General Topics
Not Getting Landlord Help With Repairs! beatlesgirl1964 IA New Renter, in a upper and lower duplex

My husband and I just moved into our new place of residence in May of this year.  It is the upper level of an upper and lower duplex.  Our landlord is an older woman, probably in late 60’s to mid 70’s.  When we viewed the place before we moved in, she was anxious to get new people in.  She stated that all the appliances have been worked on, and that she put alot of money in to getting repairs with previous tenants.  She also stated that she wasn’t going to be willing to put much more money into the place due to the amounts she had invested already.  She also shared that if there were problems, that we could fix them ourselves, and we could take it out of the next months rent.  We gave her a $700.00 deposit, and rent is $700.00 a month.  We signed no lease, and she said she doesn’t usually deal with leases when we inquired, saying that we looked like “honest people.”
Upon moving in, we have had the timer and heating element go out of the stackable washer and dryer unit.  She OK’d the repairman to fix it, but since then the timer has started to go bad again, and the front panel to where all the wiring is, has broken off and we now duck tape it to keep it closed! The dishwasher is old, and after asking every other day for about two weeks, the repair man did mimimal work to the dishwasher and said that it’s too old and not worth repairing further.  That has since broken again.  The stove (electric) has one burner that doesn’t work, and the oven doesn’t heat to to the correct temperature, but that’s not a battle I’m going to take on, as it still does it’s job for the most part.  About half of the windows in the place have no screens, all of the fire alarms are broken, and without working components.  The tub and shower combo, have sliding doors.  When someone showers, water leaks out of the front left hand  corner of the tub, on the outside, and leaks down the door frame and onto the seal of the side and bottom of the tub on the outside.
The new problem is we have a hole and leak in one of the closets in the bedroom.  Which has revealed an approximately 2-2.5 inch hole in the cieling of the closet.
I am very concerned, as the problems keep piling up, and some of this work we are not experienced enough, or have the cash on hand to call someone to deal with this.  I do not know what to do here, nor what my rights as a renter are, since there is so standing lease; just the words that have bene exchnaged between us, and of course a hand shake.
She doens’t answer her phone, and only twice since we have moved in, has she returned my phone calls.
My view is, as a landlord, if there are appliancs that are not working properly, or have died, it’s their job to replace or repair.  As well as any electronics or structural problems.  I am almost ready to move before the winter and cold hit (we live in Iowa.)  But I am afriad that we would not be getting our deposit back, as she said she would like us here for at least a year.
We could really use and appreciate some good advice.

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Date: Thursday, September 24th, 2009 10:43 am Category: Frustrated Renter, Landlord Problems, Rent Horror Stories
problem with landlord repair Tenant

WATER HEATER IS BROKEN FOR OVER A MONTH. CONTACT OWNER BY PHONE AND HE HASNT FIX THE WATER HEATER. I DONT HAVE AN ADDRESS CAUSE HE DIDNT PUT ONE ON THE LEASE HE IS PICKING UP THE RENT HIMSELF. I DO HAVE A WORK ADDRESS SHOULD I SEND A NOTICE THERE AND WHAT IF HE DOESNT ACCEPT THE LETTER. WHATS MY OPTIONS.

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Date: Tuesday, September 22nd, 2009 10:16 am Category: Frustrated Renter, Legal Questions, Renter Q & A
Rental agreement questions Staci CA renter

I moved in to my current place May 31st and still have not received a copy of my rental agreement (it’s 09/22/09). Isn’t there something wrong about this? What can I do?

I would like to move to a cheaper place also (didn’t know tution was going to increase another 20%), but I’m can’t remember what the terms are for canceling my lease since I don’t have the contract. We have also gone through 3 property managers. Is there a way out of my contract if the orignial property manager didn’t sign my lease?

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Date: Tuesday, September 22nd, 2009 9:57 am Category: General Topics
Breaking a Lease Robin L Adams CA renter

Because of permanent financial emergency, I needed to move out of my apt 2 months prior to the end of my lease. I gave two months security ($2400) which I assumed I would lose and that is fine. My previous landlords are charging me the following: Breach of contract $2400, Carpet cleaning $50, Advertising $447 and Loss of rent (2 mos) $1400. Total charges $4297.00. I believe they can only charge me for EXTREME damages (which there were none) and not for items which they would have to do if I finished out my lease (2 mos). So that would include the advertising and carpet cleaning. What about the breach of contract? Can they charge me for this?

Thank you Robin

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Date: Wednesday, September 16th, 2009 5:23 pm Category: General Topics
Landlord threw out personal belongings Azdalila CA Current renter

Hi. I rent a one bedroom apartment (duplex) and have access through my kitchen to a narrow space between the unit and the fence that runs along the property. I stored two plastic bins filled with personal belongings as well as 2 pieces of furniture (covered in tarps and elevated off the ground with bricks) along the side of the unit. I never heard a complaint about this storage from the neighbors or the landlord. I subleased my unit last summer and while I was away, without notice, the landlord threw everything out claiming a fire hazard. He did not apologize nor reimburse me. I was also given no warning and did not find out until my belongings were gone. My personal items were worth about 250.00 total. Were his actions legal?

Thank you!

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Date: Tuesday, September 15th, 2009 10:09 am Category: Legal Questions
Landlord Carpet Replacement mich OR new renter

We just moved in and the carpets were shampooed but are still stained and smell bad.  What is the law about when the landlords are responsible for replacing the carpets?  As it stands now the owner has offered to go in halves with us on new carpet.  We don’t feel its our responsibility to replace it.  We just moved in a few days ago.

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Date: Friday, September 11th, 2009 9:38 pm Category: Frustrated Renter, Landlord Problems, Legal Questions, Rent Horror Stories
Bed Bug Infestation in New apartment!! Tenant

We recently moved into a new apartment that was infested with bed bugs. We had a house inspector inspect the apartment, and consulted an entomologist, both agreed that the level of infestation observed in the apartment unit requires at least several months to occur (We had only been in there for 1 week, and had no problems previously). We had to throw away 80% of our furniture.

The landlords never told us that the previous tenants had bedbugs, we felt that the landlords withheld very important information from us. The only told us that the previous tenants were filthy and that is the reason why the changed the carpets and repainted the walls.
What legal rights do I have against my landlord? Please advise.

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Date: Friday, September 11th, 2009 5:03 pm Category: General Topics
Landlord refuses to return deposit Amy AL Apartment Renter

I paid one month deposit at the beginning of the rent. We had an oral agreement that if I want to move out, I should give him 30-day notice. I paid my rents every month. On Sept. 8th, I told my landlord that I would move out on Oct. 1st. He said ok. But just now, he came to me and said I have to stay for another month, be cause he will not return that one month deposit.He said his rule is that the renter gives him 30 day notice, and then for the last month, the renter won’t need to pay the rent. And I told him that is not how it works, and I can pay for the days from Oct. 1st to Oct. 8th ( because Oct. 8th is the 30th day after I gave him the notice). But he didn’t agree.

He can’t ask me to stay for another month. Can I will move out on Oct. 1st. But he wouldn’t return my deposit. What should I do?
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Date: Friday, September 11th, 2009 2:36 pm Category: Legal Questions
Landlord notice to pay rent or quit or move in 5 days Billtazman NV renter

Im behind on rent this will be 2nd month lanlord has first and last rent when i moved in. I received a notice to pay rent or quit wich states i have to pay 2 months rent or move out in 5 buisness days is that legal.  Also hand written letter saying matter has to be resoved by Tue wich is 2 days short of 5 buisness days.  Im not trying to not pay but havent worked for a while and trying everything  possible to resove this any advice THANK YOU soon to be homeless.

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