he and I have lived in a cottage he since 2001 and I when i married him since 2007. WE , sincei movedin pay 50$ extra rent sincei movedin.There was a couple living here before us that piad less. Anyway. I told the landlord we bought a house and would be moving out in the end of November she said the cottage we live in was for one anyway and that my husband willhave to restore the walls back to it original colour which is white they are neutral brown now( although she stated he could paint them any colour he wanted). He really wants his deposit back and she has not been the best landlord i.e.( heatwent out and we waited 2 and half weeks to have it fixed, septic goes out and we had no toilet on many occasions for as much as 3 days) He has done alot of major improvments to this cottage... he is afraid she is being sneaky and wants to give her 150 ( for rent)since he doesnt think she will give us our deposit back.What grounds do we stand on as tenants?
2007-10-28 07:57:44 · 4 answers · asked by cristelle R 6 in Business & Finance ➔ Renting & Real Estate
but what about her taking her sweet time to fix the heat ands plumbing? no oneslikes freezing or pooping in the woods
2007-10-28 09:05:40 · update #1
Not much, I'm afraid. If you painted the place, did you get WRITTEN permission from the landlord? If not, you'll have to return it to it's original colour or pay to have it done. It will be cheaper to do it yourself in nearly all cases. And once you've shifted your gear, it won't take long at all to sling on a new coat anyway.
Shorting the landlord on the last months rent will only get you in legal trouble. The deposit is to cover the cost of any damage you cause, not as security for unpaid rents. If you don't pay the full rent when due the landlord can start eviction proceedings against you. Having that on your credit record could kill your mortgage on your new home so you could find yourselves on the street with no place at all to live.
Whilst you may have a legal claim against your landlord for any repairs that you have undertaken that should have been paid for by the landlord, that is separate and distinct from your obligation to pay your rents on time and in full. If your landlord fails to compensate you for your legitimate expenditures, file suit against her for the amounts you claim to be due and let the courts sort it out. But if you short the landlord for the rent, YOU will be in the stinky end of the stick. Not smart, IMHO.
2007-10-28 08:09:05 · answer #1 · answered by Bostonian In MO 7 · 1⤊ 0⤋
First of all he doesn't have to paint the walls, that would be normal wear. Cleaning of carpets, normal to the owner and up to them. Big holes, fist size...not normal. There is normal wear and tear the landlord as a landlord has to take care of. That is the landlords responsibility. Painting the walls is one of them, cleaning of carpets another. If you rebuilt your motorcycle on the living room floor and split the oil all over you are responsible to replace the carpeting and the labor to have it installed. That comes out of the deposit, plus some if that is what you did....If you have interior damage, that is different. If it is over and above the normal you will not get the deposit back. AND dam the landlords too, so many of them are taking advantage of good clean respectible people it just makes me sick. We were landlords, of a 12 unit complex in Calif. There is normal wear and tear that we are responsible for, and thats the cost of doing the business as landlords. If you suspect you will not get your deposit back, don't pay the last months rent and give written notice of moving out and when. Usually it's 30 days. Just be really sure you are moving into your new place. Double check the laws in your state, do a search before you jump in and make any decisions.
2007-10-28 15:10:00 · answer #2 · answered by Toffy 6 · 1⤊ 1⤋
The 2nd answer is correct. Please do not waste time and money by threatening to sue. If you want the deposit back, paint the walls white, and ask the landlord what else needs to be done to ensure a full refund. It does not matter what took a long time to fix at this point-you are past the ability to negotiate items like that.
Please do not follow the advice of answerers #1 and #3-the advice they are giving is faulty and will certainly cause you to be sued and/or screw up your credit. Please, trust me on this.
2007-10-28 15:18:53 · answer #3 · answered by Anonymous · 0⤊ 0⤋
tell her that you have the right to sue her.
2007-10-28 15:05:11 · answer #4 · answered by Alpha Bravo Charlie 2 · 0⤊ 2⤋