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Old 03-04-2009, 04:58 PM
 
Location: Up in the air
19,112 posts, read 30,662,272 times
Reputation: 16396

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I swear, I should probably just make a 'JetJockey has problems renting' thread to answer all my questions....


Anyway,
The house I'm in now (the one we're getting unceremoniously kicked out of for the electrical problem/LL selling the house) we've been in for nearing 3 years. Of course there are some issues. I didn't do a walkthrough before we moved in and I won't get one after. We also didn't pay a security deposit, just a first and last. Most of the house is slate tile and hardwood which is in fine condition, but the carpet in two of the rooms is the super super cheap 1/4" thick Home Depot carpet on a roll type. Since I've lived there for as long as I have, the carpet has been used. There aren't any huge stains, but it does look worn, plus it's white so after being exposed to the sun for 3 years it's now a dingy yellow/white color.

Also, the front door has a crack in the glass that has gotten worse over time but it was there before we moved in. Nothing else is missing/worn/cracked etc. I have let our LL know about these things, and he disregarded them as not important.

Could he come back and sue me for these things later? I'm a bit worried since there is no documentation... I'd replace the stuff, but he wants us out in two weeks and that's not enough time.
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Old 03-04-2009, 05:04 PM
 
850 posts, read 4,745,518 times
Reputation: 689
Could he sue, yes. Will he win, maybe. That's a tough one. You really should have really gotten an inspection when you moved in. Now it's your word against his. That can go either way in court. Make sure you get one in your new place! And when you move out of this one, take pictures of everything, or better yet video, since he won't do his own inspection, just so you have documentation of how you left the place.
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Old 03-04-2009, 05:43 PM
 
8,410 posts, read 39,290,554 times
Reputation: 6367
Get it in writing. Walk through checklists should be done on moving in and out. Thats more for your protection if you get a shifty LL.
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Old 03-04-2009, 07:09 PM
 
28,115 posts, read 63,759,682 times
Reputation: 23268
A pre move-out inspection is your right under CA law...

Normal Wear and Tear is the owner's responsibility... dirt and damage caused by you or your guest(s) are your responsibility.

The surest way I know to check carpet for pet/spill damage is to pull up a corner and roll it back... you will see EVERY stain... I've been through arbitration hearings and the damage is very evident.

Even if the carpet is toast... the owner must pro-rate over the useful life expectancy... so no new carpet for old... unless the carpet is less than a year old.

From your posts... it sounds like you have a understanding with your Landlord and realistically, he is in a difficult situation serving in the military overseas.
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Old 03-05-2009, 11:36 AM
 
Location: Up in the air
19,112 posts, read 30,662,272 times
Reputation: 16396
Quote:
Originally Posted by Ultrarunner View Post
A pre move-out inspection is your right under CA law...

Normal Wear and Tear is the owner's responsibility... dirt and damage caused by you or your guest(s) are your responsibility.

The surest way I know to check carpet for pet/spill damage is to pull up a corner and roll it back... you will see EVERY stain... I've been through arbitration hearings and the damage is very evident.

Even if the carpet is toast... the owner must pro-rate over the useful life expectancy... so no new carpet for old... unless the carpet is less than a year old.

From your posts... it sounds like you have a understanding with your Landlord and realistically, he is in a difficult situation serving in the military overseas.
Yeah... I just feel bad leaving the house like this. I was planning on replacing the carpet, as a good friend of mine works construction and always has giant pieces of leftover carpet that I can have for free. My dad is an ex carpenter so he said he would install it for a case of beer . Unfortunately, since my LL is asking us to leave there really isn't a way I can do that. What I'm worried about is that he won't even see the carpet or the house for another year or two. He's sending a 'buyer' to look at it, so there is no way to prove whether or not the house looks any better, or worse than in the beginning.


Such a frustrating situation, but at least I know the proper way of doing things now
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Old 03-05-2009, 01:15 PM
 
850 posts, read 4,745,518 times
Reputation: 689
Well, I wouldn't worry about it then. He can't charge you a year later. Check the laws of your state, but most are 30 days.
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