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Old 10-06-2011, 01:34 PM
 
4,919 posts, read 9,867,633 times
Reputation: 5734
if you end up in court over the move out, the judge usually will not allow anything about the LL that occured prior to or not related to the move out and cost. They are hearing a case based on expenses for vacating the unit and cleaning, not air conditioners or anything else. The only thing they will allow is if you are being charged for damages or cleaning for something you have requested be repaired (and you followed the rules for ,aking such request) and the LL refuse. If you ever go to court and listen in on LL-Tenant cases, Judges have stopped tenants intheior tracks if they start trying to dicuss the LL and not the facts of the case related specifically to the case. Your LL could be Atilla the Hun but the judge usually will not allow anything about that if it has nothing to do with the facts of the case.
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Old 10-06-2011, 02:13 PM
 
Location: St Thomas, US Virgin Islands
21,284 posts, read 24,396,794 times
Reputation: 22098
Quote:
Originally Posted by DillThePill View Post
My girlfriend is moving out of the apartment she's lived in for 3 years. The lease states that the apartment needs to be returned to it's original condition with allowance for normal wear and tear. It stipulates a $50 minimum for cleaning fees. The landlord has always been a cheap bastard who did the minimal possible upkeep. He's now itemized a list of things he's going to charge her for:

Professional cleaning of the carpets
Flea fogging
Painting a bathroom

On top of this is a longer list of vague demands about what the apartment's final condition should be with the threat of more charges.

The flea fogging is ridiculous. My girlfriend has two cats that have never seen the outdoors. The landlord and other tenant in the building have multiple dogs. They had a flea problem a while back. Gee, where do you think it came from?

Anyway, the landlord is trying to pass on his cost of doing business to us. Apartments needs to be reconditioned between tenants. You can't expect a unit to be identical to how it looked 3 years ago.

What is a general strategy for fighting these things? He's holding an $1150 deposit and what can we do when he refunds it minus whatever arbitrary charge he wants to make?
I've read the whole thread, am not just bouncing in here ill-appraised. You are fighting on behalf of your girlfriend. Fine. I guess she's incapable of defending herself which is a shame but you are not going to be the one in court if push comes to shove and will only be there for "moral support" and as maybe a witness but not as a co-plaintiff because you're not on the lease. Or are you? The thread started off as it being your girlfriend's apartment and then it segued into "we" so are you on the lease or not?

The "non functional bathroom", the "bug infestation", and the "front door broken lock" are all issues which your girlfriend obviously failed to address in writing to the LL and allowed to fester for a long time. State landlord tenant laws clearly address these issues in particular so let's not start the "woe is me" routine when the tenant clearly let things slide. And, Sir Galahad, if you ARE on the lease then you're equally responsible for such laxity.

You don't even know yet what the LL is going to be withholding, only what he has threatened to withhold which has no legal standing. Do what's been suggested where cleaning is concerned, research your state's landlord tenant laws and become an informed tenant. Oh, and in case it wasn't mentioned earlier, simply google, "(Your state) landlord tenant laws" to find all you need to know ... Good luck!
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Old 10-06-2011, 02:48 PM
 
Location: Herndon
83 posts, read 157,654 times
Reputation: 62
Dude, I'm just helping my girlfriend as we move in together. We're in that stage where things are going from her and me to us. Been there, right? Lighten up on the judgement and cut out the assumptions. You don't know when she let it slide and when the landlord was a foot dragging jerk.

Sorry I mentioned all of the other stuff. It was only because I got annoyed at the first reply and was venting.

What matters is what the lease says and the details related to moving out. I got what I wanted out of this question which was the advice to take a lot of pictures and be prepared to go to court if it is contested. Thank you.
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Old 10-06-2011, 04:47 PM
 
Location: Austin, TX
14,260 posts, read 19,608,077 times
Reputation: 6285
Maryland Landlord Tenant Law

Security Deposites Security Deposits | The People's Law Library
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Old 10-07-2011, 05:28 AM
 
Location: Heart of Dixie
1,298 posts, read 1,012,017 times
Reputation: 1539
Doesn't matter if cats haven't been outside or not...I've known people who have no pets, to get fleas in their home. Bathroom painting is iffy, did she paint it after moving in? If so, she needs to restore it. And going to court will ost likely land you paying more fees, court cost, time off work, etc...
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Old 10-07-2011, 01:04 PM
Status: "Lady-Bug got Spayed today! Now she is a sh-it LOL" (set 2 days ago)
 
Location: West Virginia
8,077 posts, read 16,235,750 times
Reputation: 4220
LOL So Little Ole Me Made You Mad WAHOOOOO Well CRIPPLE me just moved from 1 apt to an other & Had to Clean & leave the Old apt in Excellent Condition! I Didnt Whine & Wimper about it I just Did it! Same as when we moved out of prevous apts! Ever have a pro clean your carpets then watch as the LL workers Ripped it out to install New.... Kinda sucks when your on Fixed income & in wheelchair! The price of renting! Also the same price if you owned & were selling....have to fix it up to hopefully sell at decent price. THATs LIFE
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Old 10-07-2011, 01:48 PM
 
Location: Brooklyn New York
12,067 posts, read 11,013,296 times
Reputation: 13408
carpets should not be cleaned between tenants, as that is just plain gross. the Ll should just buy another carpet or ask the next tenant what color they like or maybe a mutual agreement, or if the tenant wants a better carpet to contribute more money, anything is possible, but to clean it from the previous tenant, makes me sick.

just broom sweep everything and wipe inside cabnets, i dont think a ternant should paint the bathroom before they more, give me a break.
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Old 10-07-2011, 02:19 PM
 
9 posts, read 30,874 times
Reputation: 16
Quote:
Originally Posted by round4 View Post
And going to court will ost likely land you paying more fees, court cost, time off work, etc...
Of course, in most, if not all, jurisdictions, the losing party pays the court costs (i.e., the plaintiff pays them when s/he files, and then, if the plaintiff wins, the court costs are awarded to said plaintiff).

Be sure to keep the pics for a looong time. You never know when someone (in this case, your gf's landlord) might decide after 12 months to sue for damages.

In a case like this (or really, any case where you - or your girlfriend) are renting, it's good to do as you are - meaning preparing for the worst in case the worst happens.

Don't know if anyone's already mentioned this, but be sure your gf sends her "I've moved out and here are the keys" letter CERTIFIED, SIGNATURE REQUIRED, RETURN RECEIPT REQUESTED. With my former landlord, I even photocopied this letter with the keys taped to the letter, and brought the photocopy to court, too - and gave said photocopy to the judge along with my pics. Not sure if that helped me win (I did win), but it certainly didn't hurt.
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Old 10-07-2011, 02:58 PM
 
Location: NYC
963 posts, read 972,460 times
Reputation: 1302
Quote:
Originally Posted by nightcrawler View Post
carpets should not be cleaned between tenants, as that is just plain gross. the Ll should just buy another carpet or ask the next tenant what color they like or maybe a mutual agreement, or if the tenant wants a better carpet to contribute more money, anything is possible, but to clean it from the previous tenant, makes me sick.

just broom sweep everything and wipe inside cabnets, i dont think a ternant should paint the bathroom before they more, give me a break.


I agree.. The landlord should replace all carpets in between tenants, and put in toilet seats.. jeeze, who wants to sit on a toilet seat that some body else sat on..
and while I'm on a roll.. new oven.. nobody wants to cook in a used oven.. gosh, there might be some of the previous tenants dried out chicken hiding underneath those burners..


yup.. in a perfect world that may happen.. but most LL's including me can't afford to do all that.
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Old 10-07-2011, 03:34 PM
 
4,919 posts, read 9,867,633 times
Reputation: 5734
Wait a second, might as well repl;ace the sink and bathtub, who knows what filthies are hidding. And lets not foregt those filty dirty door knowbs and ketys, replace all with new. Might as well include the peep-hole as well. And the concret outside the door, who knows how many people walked on that any (GROSS) spat on it or trammpled doggy-poo. And the walls, will paint really eliminate contamination?, No replace all the sheetrock as well.

For rent, 1 bedroom apartment. Cleaned to nightcrawlers expectations.
1 year lease $9,500 per month.
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