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Old 05-19-2014, 09:05 PM
1 posts, read 861 times
Reputation: 15


Hey guys,. so I know that I am gonna owe a good amount of money when I leave my apartment,. but I paid a 1000.00 deposit so,.. my question is,. there are a (few) things that were damaged when i moved in to my apartment, I know I marked them on my apartment checklist,. but the apartment complex no longer has this, (Convenient) I don't either unfortunately,. so if they cannot provide that checklist then does that mean I am absolutely liable for whatever they want to charge me? or does it mean that they are liable for not keeping proper records?
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Old 05-19-2014, 09:34 PM
9,014 posts, read 8,274,331 times
Reputation: 14429
You should have this thread moved to the renting forum for a better chance of getting a decent response...
Ask the mods to move it
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Old 05-23-2014, 06:29 PM
152 posts, read 198,467 times
Reputation: 227
You have the right to have them come in and inspect the property before you move out. They must inform you of any damages that you will be charged for, and give you the opportunity to fix them before you go. You can argue that it was existing damage, but in the absence of the form you could be held responsible. It will be up to them to determine what you will be charged, but you have the right to request receipts for any portion of the deposit that they withhold. Your lease agreement may specify that part of your damage "deposit", such as a cleaning fee, is non-refundable.
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Old 05-27-2014, 04:56 PM
Location: SLC, UT
1,571 posts, read 2,274,258 times
Reputation: 3848
Unfortunately, Utah rental laws side far more with the landlord than the renter. You needed to keep a copy of your move-in checklist. Whether they lost it on purpose or not, it doesn't matter, because you can't prove it either way.

Dig up everything you can regarding your rental agreement, including any emails you sent them or they sent you. I once had a lawyer trying to take me to court for a perceived lack of payment. He had left off the last page of the rental agreement that included written-in wording, along the lines of "$### will be inclusive of all pet rent and any other monthly rental fees." I thankfully had the rental agreement, made a copy of it including that last page, wrote a lovely letter in response, and sent it to both him and the court. He immediately dropped his case once he realized I had the sheet that specified the cost would be all inclusive, and that I did not, in fact, owe any more money.

A good tip: Every time you move into an apartment, take photographs of everything. Take close-up photographs of any issues you see (exposed wiring, carpet tears, faded paint, unclean oven, etc.). Make sure to save those photographs along with the date they were taken. When you move out, take similar photographs. That way, if they try to blame the tears in the carpet on you, or say they had to pay extra to get the oven cleaned or whatever, you can show them photographic proof that the things were damaged/dirty when you moved in.

I've also noticed that it's not really worth cleaning an apartment really well before you leave, unless you have a written agreement with the landlord that you will clean the apartment, and the landlord signs off that you've cleaned the apartment to a satisfactory level. Otherwise, they will always deduct a cleaning fee from your deposit. It's perfectly legal for them to do so, as long as they can provide a receipt showing they actually had the apartment cleaned for the amount they deducted. That's true of anything, really. If they deduct an amount for new carpets, they have to prove with a receipt that they actually got new carpets.
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