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Old 02-04-2011, 12:00 PM
 
Location: Charlotte. Or Detroit.
1,456 posts, read 4,125,960 times
Reputation: 3275

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So. I'm moving in to a new apartment (Charlotte, NC, if it matters). Signed the lease (read it, too - it doesn't address this), paid the deposits and fees, paid the first month's rent, and was given the keys to the apartment. And then they very casually say that I have seven days to return the move-in inspection form and they'll give me the mailbox keys when I do.



After I left it occurred to me that that makes little sense, and may not even be legal. I mean, I'm not going to make a big deal out of it because I have every intention of filling out the move-in inspection form and returning it within seven days, and am not expecting any mail. BUT, what the hell? How is it a problem for them if I don't do the form at all? As I see it, it's mainly for MY protection -- if at move-out they try to charge for this that or the other, I can point to the move-in sheet and say, "nope - it was like that. see?". I would think that by failing to fill out that form I would lose all right to claim that damage existed at move-in, no? Isn't that to their benefit? They could charge me for every nick, dent, scratch, and ding in the place and I couldn't prove it was there at the start, right?

But I guess I'm just wondering... CAN they legally do this? I mean, if I refuse to fill out that form, can they refuse to allow me to access my mail? (Again, just curious. NOT actually refusing to fill out a form that benefits me, and that I agreed to fill out in my lease.)
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Old 02-04-2011, 12:53 PM
 
78 posts, read 393,335 times
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Quote:
Originally Posted by Timm View Post
But I guess I'm just wondering... CAN they legally do this? I mean, if I refuse to fill out that form, can they refuse to allow me to access my mail? (Again, just curious. NOT actually refusing to fill out a form that benefits me, and that I agreed to fill out in my lease.)
Believe it or not, in many states landlords are not required to provide on-site mail, and it's actually considered a convenience/ammenity. If they're provided by the apartment (as opposed to USPS), and if on-site mail is not promised in your lease, and if you're not in a 'right-to-mailbox' state like California then it's up to them if, when, and on what terms to grant you on-site mail. Note, you can force them to hand-over any mail of yours they're currently holding.
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Old 02-04-2011, 02:50 PM
 
Location: NJ
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I'm guessing it's just their way of ensuring they get the forms back. And it's not only for your protection to have an inspection report. It's good for both sides.
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Old 02-04-2011, 03:08 PM
 
Location: Charlotte. Or Detroit.
1,456 posts, read 4,125,960 times
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Quote:
Originally Posted by manderly6 View Post
I'm guessing it's just their way of ensuring they get the forms back. And it's not only for your protection to have an inspection report. It's good for both sides.
^See, that's what I can't figure out. I'm sure too that it's to ensure they get the forms back. But how does it benefit them?
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Old 02-04-2011, 03:11 PM
 
Location: Charlotte. Or Detroit.
1,456 posts, read 4,125,960 times
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Quote:
Originally Posted by likesAppliances View Post
Believe it or not, in many states landlords are not required to provide on-site mail, and it's actually considered a convenience/ammenity. If they're provided by the apartment (as opposed to USPS), and if on-site mail is not promised in your lease, and if you're not in a 'right-to-mailbox' state like California then it's up to them if, when, and on what terms to grant you on-site mail. Note, you can force them to hand-over any mail of yours they're currently holding.
Huh. Who knew? I just sorta figured everyone was entitled to the holy mail. Learned something here - thanks.
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Old 02-04-2011, 03:21 PM
 
Location: NJ
17,574 posts, read 45,981,028 times
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Quote:
Originally Posted by Timm View Post
^See, that's what I can't figure out. I'm sure too that it's to ensure they get the forms back. But how does it benefit them?
So that at the end of the lease there are less disputes. When the tenant says something was already damaged they can pull out the report. That would hopefully put things to rest.
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Old 02-04-2011, 05:10 PM
 
Location: Indianapolis, IN
914 posts, read 4,433,232 times
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I had to turn my inspection report in for my mailbox key once. It wasn't an issue; I just brought it back completed the same day.
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Old 02-04-2011, 05:33 PM
 
Location: Boise, ID
8,046 posts, read 28,361,013 times
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I would say that probably 50% of our tenants forget to return them. I tell the tenants that when signing the lease, and they still forget. At move out they ALWAYS argue "that was on my sheet", and when I say "what sheet? You didn't return a move in sheet", they go ballistic.

Very few of our rentals have locked mailboxes, so we can't do this, but I love the idea, if it were legal. It is an unforgettable method of getting the forms back. True, the LL benefits from being able to hold out damages the tenant may not have done, but that is such a fight, and sometimes ends up in court, which is always to be avoided.

Also, as a landlord, I don't really WANT to charge people for damage they didn't do. However, with 93 units, if a tenant lives in a property for a year, I likely won't remember the exact condition when they move out. So all I have to go on is their move in sheet, accepted by me as accurate at move in.

As for withholding the mailbox key, I would actually be surprised if the USPS thought that was legal. They actually will not give landlords a copy of the key directly, at least not in my area. We have several new construction rentals that we started managing after closing, and the tenant had to go get the mailbox key from the post office, and bring US a copy, the post office would not let us have them. They said the ONLY person who has the right have access to the mail is the occupant, and the occupant cannot be denied access for any reason.
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Old 02-04-2011, 05:57 PM
 
Location: Charlotte. Or Detroit.
1,456 posts, read 4,125,960 times
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Quote:
Originally Posted by Jillaceae View Post
I had to turn my inspection report in for my mailbox key once. It wasn't an issue; I just brought it back completed the same day.
Right, it's not an issue really, since I have every intention of giving them the form. It just got my mind wondering about the legality of it all. I tried to make that clear in the original post.
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Old 02-04-2011, 06:00 PM
 
Location: Charlotte. Or Detroit.
1,456 posts, read 4,125,960 times
Reputation: 3275
Quote:
Originally Posted by Lacerta View Post
I would say that probably 50% of our tenants forget to return them. I tell the tenants that when signing the lease, and they still forget. At move out they ALWAYS argue "that was on my sheet", and when I say "what sheet? You didn't return a move in sheet", they go ballistic.

Very few of our rentals have locked mailboxes, so we can't do this, but I love the idea, if it were legal. It is an unforgettable method of getting the forms back. True, the LL benefits from being able to hold out damages the tenant may not have done, but that is such a fight, and sometimes ends up in court, which is always to be avoided.

Also, as a landlord, I don't really WANT to charge people for damage they didn't do. However, with 93 units, if a tenant lives in a property for a year, I likely won't remember the exact condition when they move out. So all I have to go on is their move in sheet, accepted by me as accurate at move in.

As for withholding the mailbox key, I would actually be surprised if the USPS thought that was legal. They actually will not give landlords a copy of the key directly, at least not in my area. We have several new construction rentals that we started managing after closing, and the tenant had to go get the mailbox key from the post office, and bring US a copy, the post office would not let us have them. They said the ONLY person who has the right have access to the mail is the occupant, and the occupant cannot be denied access for any reason.
RE: the bolded part
See, that's what I figured to be true.
*shrugs*

I'm amazed that so many people would neglect to turn in a form when it is so in their best interests to do so. And yeah, I bet this tactic is very effective. Still rubs me the wrong way though.
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