Ex-landlord Problem.

polm

Diamond Member
May 24, 2001
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I have just moved from an apartment that I lived in for 2 years. The place was/is a shi+ hole! My landlord initially had myself and my roomate sign a 3 month lease. From the end of that lease until now we have simply paid month to month. There were plumbing and other problems that my landlord never addressed, and so I continually refused to sign a new lease. Last month I notifed him that I would be moving out in 1 month. I asked him to keep the initial security deposit (1 full months rent) and to waive the final month's rent. He agreed and we setup an appoinment for a final walk-through. He stood me up for the walk through. Then my roomate caought him at the apartment while we werent there. He told my roomate that he had just done a walkthrough, and then he left. My roomate has never been involved with the landlord before, and so he didnt think to question him ata ll. I, of course, was eager to demand another walk through, where we all were there. Again, i get no return phone=calls from my landlord. So....we moved. And I ended up with A LOT of crap I dodnt want. Alot of old stinky furniture and junk computer parts. I asked the salvation army to come pick it up, but they said they dont do apartments..only houses. Can I just leave all that stuff there for my jerk landlord to deal with ? Can he sue me ?
 

Dually

Golden Member
Dec 20, 2000
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I would leave it there even though he could sue to recoup the cost of disposing of it. You could counter sue for violating city code.
 

yasha

Banned
Jun 11, 2001
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I don't think he can sue you, only keep part or all of the security deposit. Of course he can't do that now because he agreed to use it for last months rent! *LOL* He's up Sh!t's creek with out a paddle now :) He can't touch you if you leave that crapola there. I had a similar problem in another state and just left the stuff while the SlumLord was on vacation. She probably made a little cash off the stuff I left. I'd say don't worry. After you move out, have a cold beer and forget about that punk-@ss Landlord for good. You don't even have a legal agreement with him for the pasy year and a half +.
 

MichaelD

Lifer
Jan 16, 2001
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Yes, he can. He can bill you for cleanup costs, his time and any "damage" that was caused by the people he hired to move your stuff. It's a bad situation you're in. Sorry to hear about it.

Apartment living sucks. I live in one. If I could afford a house, I'd get one. I will not live anywhere that requires a deposit, because you'll never get it back.

Here in Texas, there is a standard TAA (Texas Apartment Assoc) lease that 99% of all apartment complexes use. It clearly states "at the Management's discretion, some, all or none of the deposit may be refunded upon move out"

I was engaged (stupid) to a woman, who was the manager of the 180-unit complex we lived in. She was a nice woman, but if you pissed her off, by skipping or trashing the place, she'd keep your deposit.

Apartment complexes have subcontractors that they use to clean the place after you move out. If the manager doesn't like you (for whatever reason) he/she can legally bill you for oven cleaning, bathroom cleaning, repainting, etc. Here is Texas it's all legal.

Now, I'm an adult...and a neat freak at that. My apartment is almost spotless. ;) Almost. And I've never trashed a place I've lived in; accidentally or on purpose. But I still am very aware of that lease; I refuse to pay a deposit b/c I know I'll never get it back.

But, yes, he can and prolly will bill you some ridiculous fee, complete w/added charges for hazardous waste disposal or something inane like that. Suck it up, borrow a buddies truck, load your crap up, find a dumpster in back of a shopping mall and dump it in there. Not exactly proper, but easy and quick. Good luck.

EDIT
BTW, just b/c you're month to month doesn't legally absolve you of anything. MTM is considered a lease extension, even though you never signed "a new lease." OK?
 

polm

Diamond Member
May 24, 2001
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I don't think he can sue you, only keep part or all of the security deposit. Of course he can't do that now because he agreed to use it for last months rent! *LOL* He's up Sh!t's creek with out a paddle now :) He can't touch you if you leave that crapola there. I had a similar problem in another state and just left the stuff while the SlumLord was on vacation. She probably made a little cash off the stuff I left. I'd say don't worry. After you move out, have a cold beer and forget about that punk-@ss Landlord for good. You don't even have a legal agreement with him for the pasy year and a half +.

That is what I thought......
I can see him now....thinking hes got a mess, but its OK cause he found 15 PC's in the closet.....


Too bad there are all just empty cases with bad power supplies and broken MotherBoards....HAHAHA
 

FettsBabe

Diamond Member
Oct 21, 1999
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Yasha is wrong. He can take you to small claims court and have the court draw an order against you to pay the moving costs. He could hire a mover and he could force you to pay the bill.

No, there's not a legal agreement for the past year, but he continues to run month to month after the first legal agreement the court will probably (95%) of the time hold those terms valid. Also, I bet the agreement about the last months rent and security deposit wasn't in writing either.

 

polm

Diamond Member
May 24, 2001
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Why don't you just move it? Its your furniture and your responsibility. :confused

I have no good reason other than being extrememly busy...and the fact that he has treated me so crappy. I think it is too late though. My key doesnt work..I went back to clean it up (i felt bad).
 

polm

Diamond Member
May 24, 2001
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BTW, just b/c you're month to month doesn't legally absolve you of anything. MTM is considered a lease extension, even though you never signed "a new lease." OK?

DAMN....looks like I screwed up....I hope I can fix this one.
 

yasha

Banned
Jun 11, 2001
1,381
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FettsBabe could be right, I dunno. I guess it would be best to get legal advice instead of listening to me. You sould try to find a web site that tailors to legal questions. I think you're in the blue but maybe I'm wrong.

Good luck :)
 

Dually

Golden Member
Dec 20, 2000
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On the other hand he refused to do a walk through with you which you could use against him. If something bad happens I suggest you read up on your landlord/tenant law.
 

MichaelD

Lifer
Jan 16, 2001
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Well, you said you went back and tried to cleanup, but the locks were changed.

You have two choices, neither one is pleasant:

1. Wait and see what happens. Could be nothing, might be a big bill for services. Lawsuit? Doubt that very much. Unless you trashed the place. Did your roommate say what/if the slumlord said anything on the walkthru?

2. Contact said slumlord and say "um, I went back to cleanup, but the locks were changed...." and let him p/u the conversation from there.

He may just say, I junked your stuff. Tough luck and hang up, or he may detail you what you owe him for cleanup.

I wish you luck. You are now more educated on the finer points of leasing an apt.
 

MichaelD

Lifer
Jan 16, 2001
31,528
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Dually has a good point. HOWEVER, (this varies from state to state; i only know TX) the landlord standing you up (even three or four times) on the walkthru still doesn't absolve you of squat. It's HIS place. YOU are the renter. It's up to you to be available whenever (24/7) he/she is available for the walkthru.

I know that you were available and he stood you up. He's a prick...but he can do that and that's why he did. Again, I'd check into this...you may be able to resolve it "nicely".
 

FettsBabe

Diamond Member
Oct 21, 1999
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Yea, you have a couple of choices...

contact him and see what he says about the locks being changed when you went to go clean up the apt. or...

you can wait. If you wait and then tell him you tried to clean it up but the locks were changed...that would sound like a "made up" excuse to me.

Touch situation for ya.
 

yasha

Banned
Jun 11, 2001
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You know, after hearing what FettsBabe had to say and the other folks, I think I'll change what I have to say. Don't listen to me dude, get legal help! :) I don't want you coming back here and sueing me because I gave you the wrong advice *LOL*

I hope you get this sheeet straightened out soon. I know how you feel dude.
 

Keribeth

Senior member
Mar 28, 2001
441
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If you havnt returned your keys he could also try to stick you with the cost of changing all the locks if he's really ticked at you. I'd try to make amends ASAP.
 

yellowperil

Diamond Member
Jan 17, 2000
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Did you sign a lease for living month-to-month? Or was that only for the first two months? If you have a lease, check it about move out procedures. My lease says whatever's left behind becomes the landlord's property or is charged $20/item or $40/large item to remove. I live in a sh!thole also (thankfully I'm moving into a decent place next month) so I know the feeling.