Moved out of my apartment is this a fair charge?

Question

I lived in my apartment for 2 years and am getting charged for paint. Nothing was wrong when i moved out besides normal wear and tear to the walls (such as small paint chips on the corners and what not). Is this something most apartments would charge for?

Answer 1

Your deposit should have covered that. However, paint is usually covered under normal wear and tear. Now, if you had holes and such, that is a different story.

Answer 2

It doesn't seem like they should charge you for that. That should be part of the up-keep of the apartment for which they are responsible. Since you stayed there 2 years, it seems like you saved them a lot of money in looking for new tenents every few months and other stuff. I guess you could ask them to justify the cost.

In reality, I think that most people get stuck with bad costs when they move out. At that point, the management has no real reason to be nice to you. Since you are leaving, they won't be getting any more menoy from you.

Answer 3

Chips and "what not" do not fall under normal wear and tear. Fading from wall hangings etc. is normal wear and tear.

It's fair.

Answer 4

I see this question over and over again - with different examples and explanations. My answer is always the same: It all depends what the language is in your lease. If it says “The tenant agrees to pay for painting for the next tenant” or language similar to that AND YOU signed the lease, then this is what you and the landlord agreed to.

Here's what you could have done and (((and maybe)))) should have done:

Date:
Dear [Agent's Name]:

We just want to make absolutely sure what was discussed and what you said on ______ [Date]

Its our recollection you said this ". . ." [you quote what he/she said].

To us that means . . . [you put your explanation here]

You mail the letter together with your list as I suggest and describe below.

IF you don't receive a phone call or an e-mail, then the Agent may not be doing his/her job to the best of his/her ability.

This may be in your lease. If its not, INSIST ON IT being made part of your lease. This is to protect YOUR security deposit and, when applicable, other deposits.

I'm sorry to tell you: There are STILL some very unscrupulous landlords and rental agents out there.

PLEASE DON'T fall for that garbage or toro poo-poo: "Its not necessary." OR "I/We don't or won't do that." etc.

I'll give you a HUGE tip for your next home or apartment and every future apartment, home, condo or building you happen to rent.

Here it is: Once you get your hands on those keys, DON'T move anything into the property - not even a bag for trash or a box with your favorite possessions. NOTHING!

Go into the property and start making a list of EVERYTHING YOU SEE AND FIND WRONG WITH THAT PROPERTY. Your list can be as long or as short as you want. After all, its your money, isn't it?

The list should be in your very best handwriting and prepared in a room-by-room or area-by-area fashion. Do both the inside and the outside of the property. List appliances not properly working; broken, cracked and/or missing windows; holes in screens; nails, screws, and/or holes in walls and ceilings; scratched-up and/or stained counter tops, floors and carpets; etc. Don't forget storage areas, garage, carport, storage buildings, etc. Got the idea? Good.

You could also take pictures. JUST TO BE CERTAIN!

After your list is prepared, bring in the table or desk for your computer. Then bring-in the computer and chair. Set up the computer.

That very best hand-written list should be put on your computer or scanned to a CD or DVD.

After doing that, prepare a letter to your landlord or agent: Send everything by 1st class mail. DO NOT send any e-mail.

Date: _______, 2007

To: Landlord or agent's name,
address & ZIP.

RE: Apartment #, building # and address with ZIP.

Dear ______:

As we discussed [and as part of the lease], following is a list of all the things I found wrong with the above property on this date, between [insert the times in the blanks] _____ to ____:

Put the items on the list here - just the way I informed you.

Thank you very much. Have a great day!

Very Truly Yours,

Following your signature, put the address of the property and all the ways for the landlord or agent to contact you.

Print out the letter. Print an envelope.
Mail the list - first class mail - to the landlord or agent.

You're not quite done. Put a copy of that same letter and list in an envelope, mailed 1st class, back to you - with your name and address.

When you get that letter, DON'T OPEN THAT LETTER. Put it with your lease and other important papers. Do this letter and list within 3 to 5 days. [The first day is best.]

Want to "wear belt and suspenders"? Talk with a trusted friend or relative about the list and your intentions. Ask if its OK to send a copy of that same letter to them. Ask them not to open it, but to put it in a very safe place. Send a copy of that same letter to your trusted friend or relative.

As it always does, time goes by. You live in the apartment for "X" years and you want to move on. You look for a new residence and find it

You give your present landlord or agent the proper notice of terminating the lease. In that very same notice, you give them a forwarding address to send your security deposits and other deposits - together with interest - if applicable.

Low and behold: 1 month goes by - no check. You call and get someone on a voice mail. You leave a message. 2 weeks go by. No response.
Meanwhile you log ALL the days and times you call and what message you left.
2 months: ditto.
3 months: DITTO.
You had enough and decide its time to get YOUR MONEY. Go to small claims court. Bring suit against the landlord AND agent.

The court date comes. You go to court dressed in your very best clothes - complete with jacket and tie AND shine your shoes. [You may discover the landlord or agent continued or postponed the case to a future date.]
EACH & EVERY TIME YOUR CASE IS CONTINUED, YOU MUST SHOW-UP FOR COURT, DRESSED IN Y(OUR BEST, BRING ALL THOSE
UN-OPENED ENVELOPES, together with cancelled checks, money order receipts/stubs, your signed copy of the lease - together with all other expenses you were resposnsible for paying AND you paid.

You present your side of your case. The landlord or agent presents their side. You ask questions. Your questions are answered.

They ask questions. You answered them - NOT rude or with an attitude. BUT like a gentleman or a lady - cool, calm, collected.

The judge may ask if there's anything else you would like to say or show the Court. What do you have? Yes, you have ALL those unopened envelopes with the date and times and the items wrong.

The Court opens them and reads them. What do you think will happen?

If you have any additional concerns or questions, I strongly suggest, you should seek competent, knowledgeable legal advice and representation.

I wish you well!

VTY,
Ron B.

Answer 5

It should say in your lease what they'll charge for when you move out. Usually normal wear & tear is excluded.