Renters Question (legal & financial) - Page 2

KCChiefsMan · 01-24-2006, 06:05 PM

ok I have been thinking about this for quite some time, I have not consulted with a lawyer yet. I want to move out of the house I have been living in for the past 5 years (this is my 6th year of living here). There are many things wrong with this house, it's not an apartment of duplex, it's a 3 bedroom house with a large unfinished basement and 1 car gargage.

Me and my roommate who has also lived here for same amount of time as me, are worried that we may be obligated to pay for all of the things that are wrong with the place. The carpet is bad, the garage door doesn't work, the back patio is kinda broken (but it was like that when we moved in), the plumbing is bad, a lot of leaks that go down into the basement. The paint job on the exterior is bad. If I owned the house this never would have happened because I would have had all that done myself, but I don't want to pay for major jobs on a house I do not own.

We're just worried that all of the wear and tear over the past 6 years may come back to haunt us. The landlord hasn't done anything at all, I wish we haven't lived here this long. I replaced the washer & dryer that broke down a couple of years ago because the landlord wouldn't, and the washer & dryer that we moved into were probably made in the 1980's. The landlord is kind of a douche, and we are worried that he may try to charge us thousands of dollars when we move out in August.

Does anybody have any experience with this? is there some wear and tear clause that would prevent us from being obligated for most of the major things that are wrong? I imagine that we will lose our security deposit of $900 which is fine, and I wouldn't mind paying a little bit, but not for major repairs that really aren't our fault. Like I said, I think it would have been stupid on our part to fix up the house that we don't own.

any advice would be great

**Iowanian** · 01-24-2006, 08:29 PM

Other side of the story.

I've been a tenant, and in one house, a roomate and I painted(provided by landlord...ugly ass green) and we installed pocket doors, a shower sprayer et al.

In short...made physical improvements to the house, one of which turned a wasted area, into another bedroom.

During that time, the landlord allowed the longhairs upstairs to splice into MY phone line and use it, going as far as giving them OUR number so they could use it, and I started getting calls for the hippys. Bullshit. Thats the beginning of it.

During that lease(a very weak lease) My younger brother and I purchased a home..well, yeah..it was a home for a while.....and wanted out.

Following all the proceedures per the lease, and considering the work we'd done, that was approved and inspected and "thank you'd" by the landlord....she tried to keep our damage deposit.

I know there are slumlords out there too....and if you're truely leaving the house with only normal, reasonable wear and tear....you've got legs to stand on Lt Dan.

My wife and her roomates had a douchebag landlord in Ankeny IA who kept $250 when they moved because they hadn't moved a stove and regrigerator and cleaned behind and under them.....the stove was built in.

Some landlords are just douchebags....but so are ALOT of renters. Its quite probable that you wouldn't expect ALL of your damage deposit back, or any of it if you leave the lease early.

**Iowanian** · 01-24-2006, 08:34 PM

....I hate to say it.....

but Think about how much equity you'd have built over the past 6 years if you'd purchased something, with the same payment made by you and the roomate.

Oxford · 01-24-2006, 08:37 PM

When you leave, don't leave trash, vacuum the rooms, clean the bathrooms, clean trash out of the garage, clean the oven, wipe out the refrigerator. Then take pictures of everything, video camera will work well here. That way you have proof that you left it in reasonable condition. You are probably not liable, but you might kiss you deposit goodbye. Have legal aid look at your lease and see what is in the fine print

Boozer · 01-24-2006, 08:54 PM

My law firm probably represents your landlord. Just add an additional $400 to your last rent payment and we'll call it even.

**Bugeater** · 01-24-2006, 09:47 PM

If you're willing to kiss the deposit good-bye, he'd have to sue you in small claims court for anything else. Unless you've destroyed the place it would be very unlikely that he'd do that.

Hog's Gone Fishin · 01-25-2006, 07:55 AM

Quote:

Originally Posted by Iowanian

If you have a lease, without at "out" clause....you're obligated to it.

If you've done damage, beyond the "normal wear and tear", you're liable for it.

What does that mean? If you burned food to the stove cups, you're liable....if there is normal foot traffic wearing over the 6 years, you're not, however if you stained it up, you're liable. If you knock holes in the wall, break windows, gouge the drywall, rip screens, break doors, leave dumptruck loads of crap....you're liable........at least as far as not getting back your damage deposit.

if the roof is leaking....not your fault. If you got drunk and ran into the garage door and knocked it off..its your fault.

I've been on both ends....lived as a tenent, helped parents manage properties for years, and this fall, physically evicted another douchebag who destroyed a house and owed 6 months rent.

It would take quite a bit for them to be able to get anything beyond damage deposit, unless say, you had a party and DESTROYED the house.

2 sides to every story.

Iowanian pretty much nails it. I own lots of rental property and you cannot expect the tenant to be responsible for normal wear and tear just like Iowanian says. You might find your original lease agreement and just read through it. Thats the only thing a judge would have to look at if he were to take you to court. If you entered into a lease to own then your may be responsible for maintaining the property in a condition equal to when you moved in. But that doesn't sound like the case. I've always treated my tenants as if they were my family, if they call with a problem I get it taken care of immediately.But on the other hand I dont go knocking on their door asking if they have something I can fix.
Bottomline is I wouldn't sweat it. Just clean the place up the best you can and move out. As a landlord I'm not about to waste my time and trouble taking someone to court for less than probably 2000 bucks and only then if I know for 100% that I would win the case.

bkkcoh · 01-25-2006, 07:57 AM

did it state in the lease that the landlord was liable for major repairs? even after a deductible?

Amnorix · 01-25-2006, 08:30 AM

The new Washer/Dryer is yours, although in theory you owe you the old ones, or their value, what that works out to be.

As for the rest, it's all on him unless you intentionally broke/damaged/destroyed that stuff.

Review your lease. Make sure you provide adequate notice as required under the lease so that you terminate your lease in a timely fashion.

Don't bother giving money to a lawyer unless the landlord forces you to do it.

Amnorix · 01-25-2006, 08:33 AM

Quote:

Originally Posted by Oxford

When you leave, don't leave trash, vacuum the rooms, clean the bathrooms, clean trash out of the garage, clean the oven, wipe out the refrigerator. Then take pictures of everything, video camera will work well here. That way you have proof that you left it in reasonable condition. You are probably not liable, but you might kiss you deposit goodbye. Have legal aid look at your lease and see what is in the fine print

Superb advice, especially the photographs.

trndobrd · 01-25-2006, 08:40 AM

Before you leave, take plenty of pictures of the entire house. After you leave, send a registered letter to the landlord providing your new address, the amount of your deposit, and that you expect the deposit returned in accordance with the Kansas Residential Landlord Tennant Act.

By KS statute, the Landlord must return your deposit, or provide an itemized list of damages and return the balance of your deposit, within (IIRC) 30 days (check that time limit, might be 60). If the Landlord fails to comply with the KRLTA he will be on the hook for double the deposit, plus any additional damages you can prove.

bkkcoh · 01-25-2006, 08:41 AM

Quote:

Originally Posted by Amnorix

The new Washer/Dryer is yours, although in theory you owe you the old ones, or their value, what that works out to be.

...

If he insists that there needs to be a washer and dryer there, go by a pair for $75 to $100 dollars...... That would probably be good money spent.....

trndobrd · 01-25-2006, 08:42 AM

Quote:

Originally Posted by Amnorix

The new Washer/Dryer is yours, although in theory you owe you the old ones, or their value, what that works out to be.

As for the rest, it's all on him unless you intentionally broke/damaged/destroyed that stuff.

Review your lease. Make sure you provide adequate notice as required under the lease so that you terminate your lease in a timely fashion.

Don't bother giving money to a lawyer unless the landlord forces you to do it .

! People are trying to make a living here!

Chiefs Express · 01-25-2006, 08:50 AM

To the best of your memory list the condition of the house when you moved in.

1. Did the garage door opener work when you moved in? If not, it's not your problem.

2. The plumbing leaking, did you notify the owner and ask for repairs? If so, did you do it in writing? Did you keep a copy?

3. Any wear and tear, like the carpet, is normal unless the carpet is really trashed you could be out for cleaning or replacement.

4. As stated before, there was a w/d in the house when you moved in, there has to be a set when you leave. If you have the originals, leave them. Did you notify the owner of their inoperability? What was his response, was it in writing? If the w/d was there but NOT included in the package, then you owe him nothing for them and can take your newer ones with you.

5. If you are willing to give up the $900 straight up that is OK, but don't let the owner know that, it sounds like the biggest problem is that he/she is a piss poor landlord and doesn't deserve to have your money if you did no damage.

I've been renting for 4 years now, some landlords are very honest and some are dirtballs. Only use a lawyer if you need to save your ass, the cost of hiring a lawyer will cost much more than you have invested, unless the landlord is going for some big money for repairs.

Someone said it might be better to own, I agree. When you own you will have a return on your investment when you sell.

Good luck.

**Bob Dole** · 01-25-2006, 08:52 AM

Bob Dole would give 30 days notice and let the no-maintenance bastard take that month's $500 rent payment off of the $900 security deposit and dare him to take Bob Dole to court.

**Bugeater** · 01-25-2006, 09:06 AM

Quote:

Originally Posted by Chiefs Express

To the best of your memory list the condition of the house when you moved in.

It's too late for that, the time to do that is before you move in. Anytime you move into a rental of any type, it's very important to list all existing damage to the unit. This means every chipped or scratched counter top, spots or rips in the carpet, ripped screens etc etc etc. Be very detailed. Have the landlord sign it before you sign the lease. There are landlords out there that will charge multiple tenants for the same damage that often existed even before the landlord owned it. It's not too hard to nickel & dime a deposit away

01-24-2006, 06:05 PM
KCChiefsMan AIC Join Date: Oct 2002 Location: West Roxbury, MA Casino cash: $10004900	Renters Question (legal & financial) ok I have been thinking about this for quite some time, I have not consulted with a lawyer yet. I want to move out of the house I have been living in for the past 5 years (this is my 6th year of living here). There are many things wrong with this house, it's not an apartment of duplex, it's a 3 bedroom house with a large unfinished basement and 1 car gargage. Me and my roommate who has also lived here for same amount of time as me, are worried that we may be obligated to pay for all of the things that are wrong with the place. The carpet is bad, the garage door doesn't work, the back patio is kinda broken (but it was like that when we moved in), the plumbing is bad, a lot of leaks that go down into the basement. The paint job on the exterior is bad. If I owned the house this never would have happened because I would have had all that done myself, but I don't want to pay for major jobs on a house I do not own. We're just worried that all of the wear and tear over the past 6 years may come back to haunt us. The landlord hasn't done anything at all, I wish we haven't lived here this long. I replaced the washer & dryer that broke down a couple of years ago because the landlord wouldn't, and the washer & dryer that we moved into were probably made in the 1980's. The landlord is kind of a douche, and we are worried that he may try to charge us thousands of dollars when we move out in August. Does anybody have any experience with this? is there some wear and tear clause that would prevent us from being obligated for most of the major things that are wrong? I imagine that we will lose our security deposit of $900 which is fine, and I wouldn't mind paying a little bit, but not for major repairs that really aren't our fault. Like I said, I think it would have been stupid on our part to fix up the house that we don't own. any advice would be great
Posts: 11,478

01-24-2006, 08:29 PM	#16
Iowanian Supporter Join Date: Aug 2000 Location: Utopia Casino cash: $4568454	Other side of the story. I've been a tenant, and in one house, a roomate and I painted(provided by landlord...ugly ass green) and we installed pocket doors, a shower sprayer et al. In short...made physical improvements to the house, one of which turned a wasted area, into another bedroom. During that time, the landlord allowed the longhairs upstairs to splice into MY phone line and use it, going as far as giving them OUR number so they could use it, and I started getting calls for the hippys. Bullshit. Thats the beginning of it. During that lease(a very weak lease) My younger brother and I purchased a home..well, yeah..it was a home for a while.....and wanted out. Following all the proceedures per the lease, and considering the work we'd done, that was approved and inspected and "thank you'd" by the landlord....she tried to keep our damage deposit. I know there are slumlords out there too....and if you're truely leaving the house with only normal, reasonable wear and tear....you've got legs to stand on Lt Dan. My wife and her roomates had a douchebag landlord in Ankeny IA who kept $250 when they moved because they hadn't moved a stove and regrigerator and cleaned behind and under them.....the stove was built in. Some landlords are just douchebags....but so are ALOT of renters. Its quite probable that you wouldn't expect ALL of your damage deposit back, or any of it if you leave the lease early.
Posts: 61,567

01-24-2006, 08:34 PM	#17
Iowanian Supporter Join Date: Aug 2000 Location: Utopia Casino cash: $4568454	....I hate to say it..... but Think about how much equity you'd have built over the past 6 years if you'd purchased something, with the same payment made by you and the roomate.
Posts: 61,567

01-24-2006, 08:37 PM	#18
Oxford Regular Join Date: Aug 2000 Location: Springfield,MO Casino cash: $9625535	When you leave, don't leave trash, vacuum the rooms, clean the bathrooms, clean trash out of the garage, clean the oven, wipe out the refrigerator. Then take pictures of everything, video camera will work well here. That way you have proof that you left it in reasonable condition. You are probably not liable, but you might kiss you deposit goodbye. Have legal aid look at your lease and see what is in the fine print __________________ I summon the IRON , Cookin up a whoopin for YOU YOU YOU!
Posts: 1,420

01-24-2006, 08:54 PM	#19
Boozer Pain Cake Join Date: Nov 2002 Location: Lawrence, KS Casino cash: $10004900	My law firm probably represents your landlord. Just add an additional $400 to your last rent payment and we'll call it even. __________________
Posts: 10,170

01-24-2006, 09:47 PM	#20
Bugeater The Maintenance Guy Join Date: Sep 2005 Location: Renovated Bugeater Estate Casino cash: $6232680	If you're willing to kiss the deposit good-bye, he'd have to sue you in small claims court for anything else. Unless you've destroyed the place it would be very unlikely that he'd do that.
Posts: 70,443

01-25-2006, 07:57 AM	#22
bkkcoh MVP Join Date: Aug 2000 Location: Lewis Center, Ohio USA Casino cash: $9805595	did it state in the lease that the landlord was liable for major repairs? even after a deductible? __________________ Brian K. Aspire to Inspire before you Expire
Posts: 5,506

01-25-2006, 08:30 AM	#23
Amnorix In BB I trust Join Date: May 2003 Location: Boston, Mass. Casino cash: $10029808	The new Washer/Dryer is yours, although in theory you owe you the old ones, or their value, what that works out to be. As for the rest, it's all on him unless you intentionally broke/damaged/destroyed that stuff. Review your lease. Make sure you provide adequate notice as required under the lease so that you terminate your lease in a timely fashion. Don't bother giving money to a lawyer unless the landlord forces you to do it. __________________ "I love signature blocks on the Internet. I get to put whatever the hell I want in quotes, pick a pretend author, and bang, it's like he really said it." George Washington
Posts: 43,125

01-25-2006, 08:40 AM	#25
trndobrd 'Stachecicle Join Date: Sep 2003 Location: The Tolerance Box Casino cash: $4545087	Before you leave, take plenty of pictures of the entire house. After you leave, send a registered letter to the landlord providing your new address, the amount of your deposit, and that you expect the deposit returned in accordance with the Kansas Residential Landlord Tennant Act. By KS statute, the Landlord must return your deposit, or provide an itemized list of damages and return the balance of your deposit, within (IIRC) 30 days (check that time limit, might be 60). If the Landlord fails to comply with the KRLTA he will be on the hook for double the deposit, plus any additional damages you can prove. __________________ "I don't really think there is a need to raise or debate this point." -jAZ
Posts: 7,089

01-25-2006, 08:50 AM	#28
Chiefs Express Banned Join Date: Jan 2006 Location: 3rd Rock from the Sun Casino cash: $10004900	To the best of your memory list the condition of the house when you moved in. 1. Did the garage door opener work when you moved in? If not, it's not your problem. 2. The plumbing leaking, did you notify the owner and ask for repairs? If so, did you do it in writing? Did you keep a copy? 3. Any wear and tear, like the carpet, is normal unless the carpet is really trashed you could be out for cleaning or replacement. 4. As stated before, there was a w/d in the house when you moved in, there has to be a set when you leave. If you have the originals, leave them. Did you notify the owner of their inoperability? What was his response, was it in writing? If the w/d was there but NOT included in the package, then you owe him nothing for them and can take your newer ones with you. 5. If you are willing to give up the $900 straight up that is OK, but don't let the owner know that, it sounds like the biggest problem is that he/she is a piss poor landlord and doesn't deserve to have your money if you did no damage. I've been renting for 4 years now, some landlords are very honest and some are dirtballs. Only use a lawyer if you need to save your ass, the cost of hiring a lawyer will cost much more than you have invested, unless the landlord is going for some big money for repairs. Someone said it might be better to own, I agree. When you own you will have a return on your investment when you sell. Good luck.
Posts: 1,974

01-25-2006, 08:52 AM	#29
Bob Dole King Shit of **** Mountain Join Date: Aug 2000 Location: Texarkana, Texas Casino cash: $2034497	Bob Dole would give 30 days notice and let the no-maintenance bastard take that month's $500 rent payment off of the $900 security deposit and dare him to take Bob Dole to court.
Posts: 48,811