I moved in with a friend, signed a new lease, eff Nov 15th. Her previous roommate has moved out.
The two of them painted the entire apartment, which will probably mean they will forfeit their damage deposit. Why does the previous roommate get to keep $250 (the full half of her deposit) regardless of if she has made damages or not?
Now I will have to pay $250 to move into an apartment without starting with a clean slate, what do I do when I move out and do not get a reasonable portion of my deposit back due to things she did b efore I moved in?
2006-11-20 08:08:58 · 7 answers · asked by Valerie 2 in Business & Finance ➔ Renting & Real Estate
Usually the deposit stays with the apartment if a tenant changes roommates. Who are you paying the deposit to, the roommate or the landlord? I would cheeck with an attorney in your area to find out what the law states, but you should not be responsable for them painting the apartment, which according to most lease agreements requires written permission from the landlord, or it would be considered damages. If this is the case, the ex-roommate should not have gotten their deposit back.
2006-11-20 09:38:02 · answer #1 · answered by michelle p 2 · 0⤊ 0⤋
1. In most States, painting a rental property, normal wear-and-tear (dirty carpets, dust, grime, etc.), and small holes (such as those caused by hanging pictures or posters) cannot be deducted from a security deposit. Security deposits are for damage to the property requiring repair or for failure to pay rent/utilities. Some municipalities state that all the walls must be repaintable to white, but modern paints will cover just about any color. If you texturize your walls, you will almost certainly lose the deposit.
2. Most rental contracts require the landlord to approve of any sublet contracts. Have the landlord conduct a mid-term evaluation prior to signing a new contract. He/she will assess any damages caused by the old tenants, allowing you to start with a "clean slate".
3. After going through the inspection, photo-document the whole apartment. If the landlord has problems returning the security deposit after your lease is up, you can prove that he/she already accounted for the damages.
2006-11-20 08:31:14 · answer #2 · answered by Johnnie O 2 · 0⤊ 0⤋
What made you think that painting the place was "damage"? It sounds more like an improvement to me. What does the lease say about painting? If it says that no painting is to be done without prior permission, or restricts the colors, etc., then you shouldn't have signed it without checking that out first. But you did sign it, so now you must check with the landlord about this paint job before handing over any security deposit money to anyone.
2006-11-20 08:15:54 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Well that is all an issue for the landlord tenant laws of your state. However you should get an inspection report that you and your landlord complete before your lease begins showing what conditions are present in the rental and what the two of you agree should or should not be done about such conditions. This type of form is usually attached to the lease but it is usually completed prior to signing of the lease.
Buena Suerte
2006-11-20 08:13:52 · answer #4 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋
Legally you're interior of your rights to kick him out if there is not any signed data between the two certainly one of you. even with the undeniable fact that, some issues to contemplate. Are you renting or do you very own this belongings? while you're renting, Is your landlord conscious that he became into staying there? Did you have permission to hire the room to him. He might desire to start problem for you with your landlord in case you weren't meant to have him there contained in the 1st place. additionally, only changing the locks and putting his stuff out might desire to probable galvanize a retaliation. i could be careful approximately only throwing him out and in case you do, be arranged to a minimum of supply him a number of his money returned (after recouping the fee of any stolen products). He did you incorrect, yet undergo in recommendations he knows the place you reside.
2016-10-04 04:30:04 · answer #5 · answered by ? 4 · 0⤊ 0⤋
Well, you knew that when you decided to move in. Basically, you agreed to be responsible. You should have had the landlord do a walk-through and start with a clean slate.
Your bad.
2006-11-20 08:56:48 · answer #6 · answered by Phoenix, Wise Guru 7 · 0⤊ 0⤋
I would ask her to pay the half..... not to the landlord but to you... as once person is signing the lease....
2006-11-20 08:11:44 · answer #7 · answered by ▒GO FLAMЄS▒ 3 · 0⤊ 0⤋