Shady realtor

[SneakyStuff]

I rent a house in a college town and have heard some pretty shady stories about my current realtor when it comes to moving out. One of the 4 residents who lived at my house last year told me they took the entire $1400 security deposit ($350/person) and claimed they used the money to replace carpet, paint walls, and install new appliances. None of those things have ever been done and it is pretty obvious. They even called him saying he owed MORE money but he ended up breaking even with them. I'm not naive about the whole college realtor situation, I know it's a business and they're in it to make money, but outright lying to renters? I know the people living in my current house next year, if they lie to me and I can prove they didn't make the repairs they claimed to can I take them to small claims court? Also, would you all reccomend doing anything else to protect myself other than taking pictures and getting them dated before I move out? As a side note we don't party at our house and it is in immaculate shape as far as college living standards are concerned.

 

[OCGuy]

It is a good idea to take before/after photos, and make them prove any repairs with reciepts.

 

[HannibalX]

Bottom line: Your obligation is to return the property to the condition it was in when you leased it - if that DIDN'T include brand new carpets the land lord can't legally hold your deposit to install new carpet simply because he is tired of the old carpet. This goes for anything else on the property the land lord wants to "upgrade" with your deposit money.

If the property is in the condition it was in when you moved in when you move out then you get the deposit. Don't let them con you.

 

[waggy]

Originally posted by: iFX
Bottom line: Your obligation is to return the property to the condition it was in when you leased it - if that DIDN'T include brand new carpets the land lord can't legally hold your deposit to install new carpet simply because he is tired of the old carpet. This goes for anything else on the property the land lord wants to "upgrade" with your deposit money.

If the property is in the condition it was in when you moved in when you move out then you get the deposit. Don't let them con you.

while yes he can't just change it because he is tired of it. IF there are stains that can't be "removed" then yes they are going to get new carpets.

college area landlords are the worst. they use little tricks like the singh in sheet has tiny box's to put down that is dirty or broken in hopes that the person won't think to do anything more. Also don't mark stain in living room. you have to describe it and be through.

what many recomend is video tape or take pictures (prefer that they are dated) of the apartment and write down EVERY little mark you find. Do the same when you move out.

i lived in two apartments. one was in a college area and we got hosed but we all were young and nieve. the 2nd time they tried it again and i nailed htem and told them to take me to court so i can win. i got my full security back on it.

 

[GasX]

Originally posted by: SneakyStuff
One of the 4 residents who lived at my house last year told me they took the entire $1400 security deposit ($350/person) and claimed they used the money to replace carpet, paint walls, and install new appliances..

None of those things qualify to take security deposit money. He is as much of a scumbag as the old tenants are naive.

 

[wiredspider]

Originally posted by: GasX

Originally posted by: SneakyStuff
One of the 4 residents who lived at my house last year told me they took the entire $1400 security deposit ($350/person) and claimed they used the money to replace carpet, paint walls, and install new appliances..

None of those things qualify to take security deposit money. He is as much of a scumbag as the old tenants are naive.

They were dumb for sure, unless they actually caused damage that necessitated new paint, carpet, appliances.

 

[Savij]

Check your state's laws but you can most likely ask for an itemized summary of the damages. In addition they are usually required to let you know within a certain number of days and chances are you can use that technicality against them in court. Finally, small claims civil cases don't require proof of innocence or guilt, the person with the most likely story wins so if you can get your friends to all testify against the guy then you'll probably win.

 

[HannibalX]

Originally posted by: waggy

Originally posted by: iFX
Bottom line: Your obligation is to return the property to the condition it was in when you leased it - if that DIDN'T include brand new carpets the land lord can't legally hold your deposit to install new carpet simply because he is tired of the old carpet. This goes for anything else on the property the land lord wants to "upgrade" with your deposit money.

If the property is in the condition it was in when you moved in when you move out then you get the deposit. Don't let them con you.

while yes he can't just change it because he is tired of it. IF there are stains that can't be "removed" then yes they are going to get new carpets.

college area landlords are the worst. they use little tricks like the singh in sheet has tiny box's to put down that is dirty or broken in hopes that the person won't think to do anything more. Also don't mark stain in living room. you have to describe it and be through.

what many recomend is video tape or take pictures (prefer that they are dated) of the apartment and write down EVERY little mark you find. Do the same when you move out.

i lived in two apartments. one was in a college area and we got hosed but we all were young and nieve. the 2nd time they tried it again and i nailed htem and told them to take me to court so i can win. i got my full security back on it.

You missed the point entirely. The obligation of the renter is to return the property to the condition it was in when the lease was signed. Obviously if stains existed at that time the renter isn't liable. If there weren't stains at move in and are at move out then the land lord is in the right by deducting the amount of the new carpet from the deposit.

 

[olds]

Originally posted by: iFX
Bottom line: Your obligation is to return the property to the condition it was in when you leased it - if that DIDN'T include brand new carpets the land lord can't legally hold your deposit to install new carpet simply because he is tired of the old carpet. This goes for anything else on the property the land lord wants to "upgrade" with your deposit money.

If the property is in the condition it was in when you moved in when you move out then you get the deposit. Don't let them con you.

I guess I have been out of property management for too long. It never used to be like that.
Normal wear and tear was always excluded. For example, if you live in a place for two years, it would be expected that it would need paint and the carpet cleaned.
On the other hand, if you puuched holes in the walls or destroyed the carpet (above normal wear and tear) you'd get charged and had the right to see receipts.

 

[lxskllr]

Don't pay your last month rent. They have to give you 30 days notice before eviction, and you'll be out by then ;^)

 

[HannibalX]

Originally posted by: oldsmoboat

Originally posted by: iFX
Bottom line: Your obligation is to return the property to the condition it was in when you leased it - if that DIDN'T include brand new carpets the land lord can't legally hold your deposit to install new carpet simply because he is tired of the old carpet. This goes for anything else on the property the land lord wants to "upgrade" with your deposit money.

If the property is in the condition it was in when you moved in when you move out then you get the deposit. Don't let them con you.

I guess I have been out of property management for too long. It never used to be like that.
Normal wear and tear was always excluded. For example, if you live in a place for two years, it would be expected that it would need paint and the carpet cleaned.
On the other hand, if you puuched holes in the walls or destroyed the carpet (above normal wear and tear) you'd get charged and had the right to see receipts.

I'm trying to understand how you see having brand new carpet installed as being the same thing as cleaning the carpet.

 

[SneakyStuff]

Originally posted by: Savij
Check your state's laws but you can most likely ask for an itemized summary of the damages. In addition they are usually required to let you know within a certain number of days and chances are you can use that technicality against them in court. Finally, small claims civil cases don't require proof of innocence or guilt, the person with the most likely story wins so if you can get your friends to all testify against the guy then you'll probably win.

That I like :laugh:. Taking a day off work to save myself $350 and make them look like
slumlords would be fun. No shortage of testimony either!

Originally posted by: oldsmoboat

Originally posted by: iFX
Bottom line: Your obligation is to return the property to the condition it was in when you leased it - if that DIDN'T include brand new carpets the land lord can't legally hold your deposit to install new carpet simply because he is tired of the old carpet. This goes for anything else on the property the land lord wants to "upgrade" with your deposit money.

If the property is in the condition it was in when you moved in when you move out then you get the deposit. Don't let them con you.

I guess I have been out of property management for too long. It never used to be like that.
Normal wear and tear was always excluded. For example, if you live in a place for two years, it would be expected that it would need paint and the carpet cleaned.
On the other hand, if you puuched holes in the walls or destroyed the carpet (above normal wear and tear) you'd get charged and had the right to see receipts.

They better not charge us a dime for the walls because we used the paint they left here to repaint them after touching them up with spackle, we did their job FOR THEM. (every pinhole, we even used a sanding block and did it up right! )

 

[Tiamat]

Small claims court and yes it is a pain in the butt.

Make sure everything is in writing and you have pictures and witnesses. Witness from when you were moving in, witnesses when you move out. Everything helps, esp. if the witness was there for move in and move out.

For example, my dad helped me move in and out of my apartment. He basically won my small claims case for me.

If you are interested, here was the thread.

 

[boomhower]

I had a friend in college that had a landlord try and charge him to clean the carpets and to replace them. I spent the latter three years of my college life bouncing between college houses and all the landlords suck. They are all pretty much ass's that think everyone comes from parents with money and will try to milk you for every dollar.

 

[DrPizza]

Originally posted by: iFX

Originally posted by: oldsmoboat

Originally posted by: iFX
Bottom line: Your obligation is to return the property to the condition it was in when you leased it - if that DIDN'T include brand new carpets the land lord can't legally hold your deposit to install new carpet simply because he is tired of the old carpet. This goes for anything else on the property the land lord wants to "upgrade" with your deposit money.

If the property is in the condition it was in when you moved in when you move out then you get the deposit. Don't let them con you.

I guess I have been out of property management for too long. It never used to be like that.
Normal wear and tear was always excluded. For example, if you live in a place for two years, it would be expected that it would need paint and the carpet cleaned.
On the other hand, if you puuched holes in the walls or destroyed the carpet (above normal wear and tear) you'd get charged and had the right to see receipts.

I'm trying to understand how you see having brand new carpet installed as being the same thing as cleaning the carpet.

Maybe it's different, or you think it's different in your area, but normal wear and tear is excluded. The assumption that you can keep the deposit if the carpet was new at the beginning of the lease is ridiculous. Suppose you have a brand new house, just built. Are you saying that after 1 year, you can keep the deposit because the house is no longer brand new? When a brand new car is leased, do you think it has to be in brand new condition when it is turned in? Of course normal wear and tear is excluded in leases.

fwiw, I'm a landlord & I wouldn't even dream of attempting such a scam on my tenants.

 

[waggy]

Originally posted by: iFX

Originally posted by: waggy

Originally posted by: iFX
Bottom line: Your obligation is to return the property to the condition it was in when you leased it - if that DIDN'T include brand new carpets the land lord can't legally hold your deposit to install new carpet simply because he is tired of the old carpet. This goes for anything else on the property the land lord wants to "upgrade" with your deposit money.

If the property is in the condition it was in when you moved in when you move out then you get the deposit. Don't let them con you.

while yes he can't just change it because he is tired of it. IF there are stains that can't be "removed" then yes they are going to get new carpets.

college area landlords are the worst. they use little tricks like the singh in sheet has tiny box's to put down that is dirty or broken in hopes that the person won't think to do anything more. Also don't mark stain in living room. you have to describe it and be through.

what many recomend is video tape or take pictures (prefer that they are dated) of the apartment and write down EVERY little mark you find. Do the same when you move out.

i lived in two apartments. one was in a college area and we got hosed but we all were young and nieve. the 2nd time they tried it again and i nailed htem and told them to take me to court so i can win. i got my full security back on it.

You missed the point entirely. The obligation of the renter is to return the property to the condition it was in when the lease was signed. Obviously if stains existed at that time the renter isn't liable. If there weren't stains at move in and are at move out then the land lord is in the right by deducting the amount of the new carpet from the deposit.

thats what i said

IF there are stains that can't be removed you will end up paying for new carpet. even then the landlard is sopposed to reduce the cost of the carpet by how old the other was. if the carpet was 15 yrs old they are nto sopposed to charge you full cost of a new one. but hell they do.

 

[seemingly random]

Originally posted by: lxskllr
Don't pay your last month rent. They have to give you 30 days notice before eviction, and you'll be out by then ;^)

This is what I should have done with the last place I lived while in college.

I'd been there two years and there were no complaints from either side. I had repainted the whole place at my expense. I spent about 10 hours after I'd moved out the furniture cleaning and the fucker still stole my deposit. He knew I had other things to do and wouldn't pursue it. I was trying to do the "right" thing and got screwed.