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Old 12-20-2012, 10:29 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,567,744 times
Reputation: 26727

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Worth relating my story again in context. To preface, I've been both landlord and tenant in both commercial and residential situations over many years and, with experience on both sides of the fence, have always left the premises I've rented absolutely spotless and never had a problem with having a security deposit returned in full. Until a few months ago.

I'd been in the apartment on a year's lease and declined to renew at its expiration. The place was spotless when I moved in and spotless when I left (I had a plentiful record of before and after dated photos). The LL was off island when I left and I asked via email that one of her neighbors (the person who in fact had shown me the place and had thereafter taken care of the paperwork until the LL's return a couple of months later) - or anyone else of her choosing - conduct a move-out inspection just to be on the safe side. This was agreed to but, when I contacted the "agent" the day after I finished cleaning, she finally responded and said that she had found the key I left and that there was no reason for us to meet for a walk-through since she had already conducted an inspection.

She refused to tell me what her inspection had, if anything, revealed and advised that I should contact the LL directly since she had already made her report and declined to discuss it with me. I emailed the LL and she advised by return that her "agent" had advised her that the shower stall had some hair in it and that the ceiling fans had "dust" on them and that she was therefore deducting $100 from my security deposit. One telephone conversation later and she agreed to return the full security deposit.

A week later I received in the mail her cheque for the security deposit less $80 for "cleaning fees". I immediately contacted her to question the discrepancy and she advised that her "agent" had further informed her that a subsequent examination had revealed (gasp!) a cobweb in a corner along with a resident spider plus some "white powder" in a kitchen cabinet. I had already advised her that if she failed to return the full security deposit I would have no hesitation in immediately going to small claims court and filing against her. Plus had already advised her that I had before and after photographs. She laughingly commented, "Oh, you wouldn't sue someone for $80!" My response was a terse, "I would and I will" and hung up. I immediately sent her an email confirming the conversation and advised her that if she didn't confirm via mail at such and such an hour three days hence that the balance was in the mail, I would immediately file against her.

Right on the dot at the last minute she emailed me with a terse, "the cheque is in the mail". It was. Case closed.

There are good landlords and there are bad landlords, good tenants and bad tenants. Both landlords and tenants should ensure that they fully understand the agreements they sign, both should take dated photographs, and both should understand their responsibilities and rights under state law. It's unfortunate that such a litigious society has evolved to demand this but it doesn't take much effort to do so.
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Old 12-20-2012, 10:55 AM
 
2,091 posts, read 7,501,542 times
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Wow, i wish a cobweb was all i had. It took me 3 hours just to clean the fridge. I had to take out, wash and bleach every piece. There was six inches of water in a crisper probably fromm a thawed bag of ice, and cardboard from beer cases solidifed to the glass shelves, if something spilled it was not cleaned up. A whole day for the entire kitchen. Bathrooms had never been cleaned. Ick.
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Old 12-20-2012, 07:23 PM
 
106 posts, read 222,242 times
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what is an appropriate time to notify the landlord of our intentions? 2 months before our lease expires?

usually if we are offered a new place, its not like they wait 1 month for us to move in, its usually done in 1-2 weeks.
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Old 12-20-2012, 07:44 PM
 
Location: Minneapolis
2,526 posts, read 3,042,222 times
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I'm not going to blanketly judge everyone who rents-out property. However, it's my experience that landlords very rarely provide a complete refund of security deposits.

Sometimes there is a legitimate reason for that; but often, deposits are used simply to make improvements on the property. I actually had to take a landlord to court once in order to get my deposit (plus penalties and court costs) returned to me.

State laws vary considerably, but there are two things to remember about your security deposit. Firstly, most states require a compounding of the deposit at simple interest rates. Secondly, landlords must account for "reasonable wear and tear" of a dwelling's components. For example, if a carpet was six years old when you moved in and you lived there for four years, that carpet would already be near its maximum expected life. In a case like this, some landlords will purchase new carpeting (improving the value of their investment) and charge you via withholding your security deposit. In effect, the landlord gets a new carpet at your expense.

Again, not everyone does business that way. But I would suggest that you ascertain the age of appliances, floorings, and fixtures; and be aware of how long those items should last under circumstances of reasonable use and maintenance.
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Old 12-21-2012, 05:26 AM
 
Location: North Texas
24,561 posts, read 40,186,320 times
Reputation: 28548
Quote:
Originally Posted by sunsprit View Post
I'd be thrilled to promptly refund in full the security deposit on my rentals if the move-out condition was comparable to the move-in condition.

In 40 years of owning rental properties, that's happened a couple of times. The tenants moved out and returned to spend the time to make the place move-in ready, including carpet cleaning, repainting as needed, and a thorough cleaning. As well, they were reasonably clean in the place during the term of their tenancy. Good tenants, some have stayed in my places for 5-10 years before moving on.

But they were rare exceptions to what I usually find on departures at the end of a lease.
I left my last rental cleaner than I found it. When I moved in it was broom-clean and the walls already had lots of stains and scuff marks.

When I left it had been professionally cleaned top to bottom and I personally touched up the paint with the leftovers they left in the garage.

I got my full deposit back.
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Old 12-21-2012, 06:26 AM
 
2,091 posts, read 7,501,542 times
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My new tenants have asked for touch up paint prior to moving in, as well as what I require to hang pictures on the wall (actual picture hanging hardware). I almost cried. Typically I have taken the cans of paint home for storage as previous tenants would likely either throw it out or sell it.
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Old 12-21-2012, 07:13 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,567,744 times
Reputation: 26727
Quote:
Originally Posted by PopTart21 View Post
what is an appropriate time to notify the landlord of our intentions? 2 months before our lease expires?

usually if we are offered a new place, its not like they wait 1 month for us to move in, its usually done in 1-2 weeks.
It's usually written into the lease as that's a pretty standard clause. If it's not then a month is good although two is even better.
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Old 12-21-2012, 12:09 PM
 
Location: North Texas
24,561 posts, read 40,186,320 times
Reputation: 28548
Quote:
Originally Posted by wireyourworld View Post
My new tenants have asked for touch up paint prior to moving in, as well as what I require to hang pictures on the wall (actual picture hanging hardware). I almost cried. Typically I have taken the cans of paint home for storage as previous tenants would likely either throw it out or sell it.

LOL seriously? When I moved into my last rental (a condo with attached garage), the spare paint was in the garage and it was obvious A.) what it was and B.) why it was there. The thought of throwing it out never crossed my mind.
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Old 12-21-2012, 01:25 PM
 
2,091 posts, read 7,501,542 times
Reputation: 2177
Quote:
Originally Posted by BigDGeek View Post
LOL seriously? When I moved into my last rental (a condo with attached garage), the spare paint was in the garage and it was obvious A.) what it was and B.) why it was there. The thought of throwing it out never crossed my mind.
I have the tile still there that I tiled the main room and kitchen with. I purchased extra for the day that may come where I tear out the sink and dishwasher and counters, and replace them, the tile is to go underneath those areas. So that extra tile stays in the tool shed. My first tenants gave some away elsewhere, and left a half a bag of grout. I lost at least 3 boxes of a tile that is no longer is available to purchase.

Every tenant has managed to destroy all but one of my window screens. I seriously DO NOT know what they do to them. I lived there for 3 years and never harmed a screen. Another tenant used those supposedly easily removable wall decals in the kids bedroom. Well they were removed but left patterns all over it.

Oh I have had EVERY tenant tell me how pristine they live, how clean they are, how they prefer perfect order in their household. And every single one has left me with a filthy pigsty to clean up.
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Old 12-21-2012, 01:26 PM
 
Location: Austin, TX
16,787 posts, read 48,952,327 times
Reputation: 9478
Quote:
Originally Posted by PopTart21 View Post
what is an appropriate time to notify the landlord of our intentions? 2 months before our lease expires?

usually if we are offered a new place, its not like they wait 1 month for us to move in, its usually done in 1-2 weeks.
Your lease should state what is required. If would also behoove you to read what your state laws require for proper written notice and deadlines for notice that you are moving out and what the landlord is obligated to do regarding the return of deposit or documentation and retention of damages. Every states laws are different. You can find links to your state in the sticky thread at the top of the Renting forum.
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