Rental Agreements

Febuary
Profile picture for user Febuary
Posts
26
Joined
4/1/2008
Location
US
Febuary
Edited Date/Time 1/25/2012 8:52pm
OK, so I moved out of my rental house that I have rented through a property management company for the last 3 years. During the move out inspection, the woman from the PM advised everything looked good, but there may be a small fee for light housecleaning and I should be getting the total invoice and refund of sec dep within a couple of weeks. Here it is 3 weeks later and I get a letter from the PM stating that the owner of the home requested the sec dep be sent to him and to contact him for it back.

I emailed the owner and now he wants to charge me $3k+ for replacing the carpet and minor drywall fixes for cracks that occured on the ceiling and a wall. When the inspector came for the move out inspection, she stated that the stains and wear on the carpet are normal wear and tear, but the owner disagrees. Since I signed a rental agreement with the PM, isnt that who I should be dealing with? Anyone have suggestions short of hiring an attorney which I really cant afford right now?

I am also curious that since neither the PM or the Owner provided me the details of the "damages" within the 14 day window required by the state of AZ, do I have additional rights now? Thanks
|
UpTiTe 6/18/2011 6:18pm
6/18/2011 6:18pm Edited Date/Time 6/18/2011 6:19pm
Get a lawyer to call the PM, they are the ones liable for your money not the home owner. If you threaten them, something will give.
the_wood109
Profile picture for user the_wood109
Posts
3008
Joined
7/6/2008
Location
Edgewater, FL US
the_wood109 6/18/2011 7:59pm
6/18/2011 7:59pm
What does the lease say? Everything is spelled out in the agreement. Each state has different laws on rentals, but no way that I would pay 3k, unless I didn't read the lease and it says "renter pays for everything." Even then, they can put a lean against you, but fuck em.

They should just be able to keep your security deposit at worst.
newmann
Profile picture for user newmann
Posts
24438
Joined
4/1/2008
Location
US
newmann 6/18/2011 8:32pm
6/18/2011 8:32pm
Very rarely will I give a security deposit back. Between stopped up garbage disposals, curling iron burns on the vanity, 60% of the light bulbs burnt out or missing, broken outlets and switches, air conditioners that have to be serviced due to the filter having been removed, the kids room that was custom painted with magic markers, wallpaper borders that were put up with a staple gun and twelve million staples, the hundred holes where pictures were hanging off of framing nails instead of picture hangers, the oven that looks like something died in it, blinds torn up and then there is the carpet. Renters can kill new carpet in 6 months. What is it with "you people" and red Kool-Aid? Why do you lay the hot iron face down on the carpet? Why did you let that five gallon candle burn until there was nothing left except for the volcano of wax on the carpet by the nightstand?

Fortunately, most of my tenants have been pretty good, some have been great, But they all leave behind something that has to be repaired and there are costs associated with all of that. The management company took your deposit, but they took it for the property owner. Their idea of what looks like normal wear and tear might not be what a property owner considers normal wear and tear.

Not saying you fit any of the above mentioned defects, but unless you left that place absolutely like it was when you moved in, you might not want to get worked up about the deposit. As for the property owner coming after you for the carpet replacement, not sure how that could work. I can see you possibly getting pegged as a bad renter on your rental history if you trashed it though.
Febuary
Profile picture for user Febuary
Posts
26
Joined
4/1/2008
Location
US
Febuary 6/19/2011 9:19am
6/19/2011 9:19am
I didnt trash it at all. When I moved out, I had stanley steamer come in and do all of the carpets. We spent a better part of 2 days cleaning and getting the dust off of the vaulted portions of the house. There were a couple of corner dings in the drywall, which I will gladly pay to have fixed. Honestly I should of fixed them, but I was just too tired to do it. It would cost 20-30 bucks at most to repair.

I am waiting for my now ex to get me the copy of the rental agreement so I can go over it. I received a letter yesterday from the PM stating that the h/o requested he be sent the the security deposit and that the PM is "not responsible for any part of how the Homewner chooses to dispense the sec dep." I just feel like I am being taken advantage of and I hate to get an attorney involved, but I may have to now at this point.

The Shop

See All »
Void Main
Profile picture for user Void Main
Posts
17013
Joined
3/19/2008
Location
US
Void Main 6/19/2011 9:41am
6/19/2011 9:41am
Maybe you signed the agreement in February but misspelled it? Smile
Febuary
Profile picture for user Febuary
Posts
26
Joined
4/1/2008
Location
US
Febuary 6/19/2011 10:45am
6/19/2011 10:45am
Void Main wrote:
Maybe you signed the agreement in February but misspelled it? Smile
Funny. Febuary is my last name. Yes it is without the R. You are not the first person to point this out and certainly not the last.
borg
Profile picture for user borg
Posts
6742
Joined
12/7/2009
Location
Long Beach, CA US
borg 6/19/2011 10:57am
6/19/2011 10:57am
Landlords get fucked all the time. So many renters trash the properties that they automatically play the security deposit game. When you first sign the agreement, do a walk through with the owner or PM. If they wont do that, do it yourself and mail them a copy. If you trash the place you deserve to lose it. If you don't, take pics and notes in case they try to keep the SD. It will come in handy at small claims court.
calimxer91
Profile picture for user calimxer91
Posts
5077
Joined
4/1/2008
Location
Lancaster, CA US
calimxer91 6/19/2011 11:08am
6/19/2011 11:08am
Void Main wrote:
Maybe you signed the agreement in February but misspelled it? Smile
Heh heh fucker!

Pictures are a must in these situations.
BUTCH
Profile picture for user BUTCH
Posts
5088
Joined
8/15/2006
Location
WA US
BUTCH 6/19/2011 11:18am
6/19/2011 11:18am
The hell with a lawyer! If you think you have a case take them to small claims yourself!
Febuary
Profile picture for user Febuary
Posts
26
Joined
4/1/2008
Location
US
Febuary 6/19/2011 12:22pm
6/19/2011 12:22pm
Cool. I dont really want to pay for a lawyer anyways. I do have pics from the move in and move out inspection along with both reports. Thanks.

Post a reply to: Rental Agreements