Landlord has made repairs without consulting me?

Question

I just recently moved out of an apartment into a house. I still have my apartment until the end of Oct. My landlord first changed the locks on the apt. Yes it was empty and I wasnt living there. But Its still mine for one more month. Then he started doing repairs. The big one is that he had to have the carpets neutralized due to my cat. Although my cat is an indoor cat and very well litter box trained. My problem is that he didnt give me the option to neutralize it myself. And he is now telling me I owe 160.00 for the job. Can he charge me that. After all it is still my place. And I probably could have had it done for much less. This is in the state of Texas.

Answer 1

I was a landlord for years and I believe your landlord "jumped the gun", so to speak.

Did you pay the rent through the end of October because you had a lease that expired then or because it was necessary for you to be able to give the notice required under your rental agreement -- some rental agreements require 30 days' notice when vacating, for example.

If your rent is paid through the end of October, I do not believe the landlord had the right to change the locks, as that act deprived you of possession of the premises on which you had paid the rent. The act may constitute an unlawful eviction -- most "self-help" evictions are unlawful. Self-help evictions include things like changing the locks, shutting off the power or water, threatening a tenant with bodily harm, or harassing a tenant, etc.

I do not believe your landlord had the right to make any "repairs" or clean the carpet as that act deprived you of your ability to fulfill your obligations under whatever rental agreement you had. You might want to look at your rental agreement and see if you had a right to a final inspection of the premises in conjunction with the refund of pet and/or cleaning deposits.

As the landlord effectively evicted you by changing the locks, I believe you should be entitled to a refund of the rent you paid for the month of October. I think the landlord's actions related to "repairs" and cleaning the carpet may also entitle you to refunds of any pet and cleaning deposits you paid.

I think the only way the landlord could prevail would be if he could make a case that he reasonably believed you had "abandoned" the property and I think that would be difficult for him to do because you paid the rent.

Good luck.

Answer 2

As far as I know he is not allowed to ENTER the apartment without 24 hours notice if you are the legal tenant. Now if you are paid up for another month or so, and (even though you are not staying there) he entered the apartment without written notice, you can charge HIM with unlawful entry and he can be fined up to 10,000 dollars! You can also withhold rent because he did this!!!. Your best bet is to look up the landlord tenant act (on line) in your state, and find out what your rights truly are. At the very least I don't think you will have to pay...but he might!!! I'm a Canadian and that's how things work here, and I hope for your it's the same. I think your rights have been violated and at the end of the day he might owe you some cash...good luck:-) If I'm wrong there still must be something you can do ,about him changing the locks while you are still technically renting the apartment; and if that's the case you shouldn't have to pay for the carpets. STICK IT TO THE MAN lol

Answer 3

The solutions to those questions will rely to a point at the language determined on your hire, and to a point at the landlord-tenant legislation of your state. You have to touch a legal professional neighborhood to you with revel in in landlord-tenant regulation. If he has converted the locks at the same time you continue to are entitled to be within the location, that is known as a "positive eviction" and you should not owe any cash for the final month (this can be a bigger supply of damages than the rate of cleansing the carpet). If you are fortunate, and also you uncover a well legal professional and the legislation on your state are favorable, you maybe equipped to get better punitive damages, which can also be up to 3 instances your precise damages (what it rate you to hire your new location for the identical month, or the change among that and what you rented the historical location for). The main issue is that relying on what your per thirty days hire used to be, and what kind of legal professionals cost on your field, the volume at challenge is almost always lower than what you'll have got to pay the legal professional to even write a letter. So attempt to uncover a legal professional who will provide a unfastened hour for the preliminary session - or no less than the primary part hour unfastened. A well legal professional might consider of different assets of damages, like relocating expenditures. The reality that you simply might have incurred those expenditures besides can also be portrayed as inappropriate. Since you have been locked out for no well intent (I'm assuming there used to be no well intent, while your landlord could have an extra opinon), it used to be the lockout that necessitated the relocating expenditures. Take this process and also you would drive a payment on your competencies - however you have got to be all set to take it to courtroom.

Answer 4

As neoskye wrote. It sounds as if you paid the rent for the month of October and therefore under Texas Tenant & Landlord laws he had absolutely no right to change the locks to your apartment nor did he have the right to make any repairs or cleanings without consulting you first. What I suggest you do is obtain at least two estimates to determine how much it would have cost you. In the event your landlord refuses to take the lowest estimate (show him the lowest estimate) you can refuse to pay (legally.) Additionally, I would imagine you gave a security deposit that has not been returned to you as of yet. Under Texas law if a landlord wrongfully keeps your security deposit, you may be entitled to three times your deposit, plus $100 and any court costs or attorney’s fees you incur. The Texas Security Deposit Law requires a landlord to return a security deposit within 30 days after the tenant moves out or give a written accounting as to why the deposit (or part thereof) is being kept. If you are using your security deposit to pay the last month of rent I would still refuse to pay the $160.00 since the apartment is still legally yours. Again, if after you show him an estimate to have the same work done would have been significantly less and refuses to take the offer then I would threaten. In fact, dare him to take you to small claims court. Let them decide who has just committed an illegality under your state laws (this is why I suggest at least two estimates for just in case it goes this far.) Based on what you wrote he doesn't stand a chance in hell.

Answer 5

Did he collect a pet deposit from you? Usually this is to cover the extra costs associated with cleaning up an apartment after a tenant with a pet has left.

Did he have to hire a professional to do the carpets? If so, could you have done the same thing a professional did? If you did it yourself and it was not a good enough job - he would still have to have it done and would charge you. How do you know you could have done it for much less? Had you already made plans to do it for much less? Were you even aware that it needed to be done? Really....was neutralize cat urine in carpet on your list of things to do before you moved out or was your landlord going to be lucky if you vacuumed the carpet before you let - much less neutralize it.

Cat urine is a very destructive thing. It is not uncommon for carpet with cat urine in it to have to be replaced.

If you paid a pet deposit - then ask your landlord to apply the pet deposit to the charge. If you did not pay a pet deposit - then ask the landlord for a copy of the invoice showing what was done and what the charge was and pay him.

Answer 6

Although the Residential Tenancy Act may differ in your Country than my own but since your rent is paid yet for another month, I believe that legally he has to give you written notice of at least 24hrs if he wants to enter.
Changing the locks is completely out of the question! He is treating the Apt as if it is vacant, re: Unrented and Legally he has to give you written notice that he is doing so. (Pls Read the pdf file linked below).
I would definately take a look in your area, such as town hall, to seek out the Residential Tenancy Branch and at the very least battle the company for your mnths rent and damage deposit (with interest) back because your landlord breached his end of the contract and thensome.
As for the carpet, simply bring it up in your dispute.
I believe it will be seen that the landlord is stuck paying the $160.00

Good Luck!

Answer 7

Sounds like a matter for small claims court to me. Did you have a written lease? Are you current in your rent? How did he know you were moving out? Maybe legally you "gave notice" without realizing it?

In any case, if you don't need the apartment anymore, then welcome that you don't need to pay anymore rent, and insist on your rights regarding your security deposit.

Maybe there is a local Renter's Mediation service where you live?

Answer 8

If you paid through the end of the month then it was still your place. He had no right to come and change the locks if you had paid. I would argue with the charge if I were you. Get is lowered to something you would be more willing to pay.

Answer 9

He cant charge you because you have the option to address such issues before the end of your tenure. He can only charge you post the completion of your tenure if he finds things are not as agreed they would be in the rental agreement.