Move Out Fees Taken But Repairs Not Made (apartment, lease, tenant)

[SamFink]

Hey All,

Hope this is the right place for this. If not then a link in the right direction would be very helpful.

I leased an apartment starting August 2011 on a 10 month lease that lasted through May 2012. Upon move out I was charged various fees to fix damages within the apartment. I'm in college and I liked where I was living so I renewed with my complex and started another 10 month lease for August 2012 through May 2013. I completely moved out over the summer and when I moved back in I was in the same apartment I had the year prior.

None of the damages that I was charged for were fixed. I would love some insight on my rights in this matter. I don't see how they can take my money and then not actually fix anything. Is this legal or should I try and seek legal representation?

Thanks,
Sam Fink

[Bill Keegan]

Originally Posted by SamFink

Hey All,

Hope this is the right place for this. If not then a link in the right direction would be very helpful.

I leased an apartment starting August 2011 on a 10 month lease that lasted through May 2012. Upon move out I was charged various fees to fix damages within the apartment. I'm in college and I liked where I was living so I renewed with my complex and started another 10 month lease for August 2012 through May 2013. I completely moved out over the summer and when I moved back in I was in the same apartment I had the year prior.

None of the damages that I was charged for were fixed. I would love some insight on my rights in this matter. I don't see how they can take my money and then not actually fix anything. Is this legal or should I try and seek legal representation?

Thanks,
Sam Fink

For what would you seek legal representation? What is your loss? You were told that you would be charged for certain damage. Apparently you created one or more of those damage situations, and were charged for it, as per the terms of your lease. There ends your involvement with that money. Whether the owner actually fixes the damage with it, or puts it into the general account for routine maintenance, or spends it on an end of year kegger for the custodial staff is sort of irrelevant.

Now, when you took the same apartment for the new lease, you should have demanded that the damage you created, and for which you paid, be fixed, as you find it unacceptable to rent an apartment in that condition. Did you do that, or did you just accept it as is? If so, I hope you took pictures and documented the existing damage, so you don't get charged for it again.

[Kim in FL]

Was this unit empty all summer? How do you know this isn't new damage? You could try and argue with them, but what's the point? You damaged the unit, you paid for the damage, end of story. How and when they repair the damage once you move out, isn't your concern.

Did you fill out the move in checklist and make note of the current damages? If not, I suggest you do so and do it today so they can get those repairs taken care of.

[Koale]

Originally Posted by SamFink

Hey All,

Hope this is the right place for this. If not then a link in the right direction would be very helpful.

I leased an apartment starting August 2011 on a 10 month lease that lasted through May 2012. Upon move out I was charged various fees to fix damages within the apartment. I'm in college and I liked where I was living so I renewed with my complex and started another 10 month lease for August 2012 through May 2013. I completely moved out over the summer and when I moved back in I was in the same apartment I had the year prior.

None of the damages that I was charged for were fixed. I would love some insight on my rights in this matter. I don't see how they can take my money and then not actually fix anything. Is this legal or should I try and seek legal representation?

Thanks,
Sam Fink

check your local landlord/tenant laws. Ours in HI are very strict when it comes to monies being withheld for damages... there is probably a tenant hotline you can call. Post back, let us know what you find.
Koale

[JanND]

I wouldn't think it would be worth your efforts. You would have to have proof, documentation, pictures etc....for probably very small gains..if you win. And, no where to live...because you wouldn't expect them to allow you to live there after suing them. If you like your living arrangements, just don't cause anymore damages and you wont be out any more fees for damages. Hope you did the check in list and noted any damages on move in.

[manderly6]

I hope you got them to agree the damage was there upon move in or you may end paying for them again. That would suck.