Comments on: Before You Sign That Rental Agreement…

By: MITBeta @ Don't Feed the Alligators

MITBeta @ Don't Feed the Alligators — Tue, 19 Jan 2010 11:37:08 +0000

Angie: You’ll have to check your state laws. In MA, most of those charges are not allowed to be taken from the security deposit unless your landlord can prove that you caused damage.

I wouldn’t pay him — at least until you read up on your state laws. What’s he going to do to you if you don’t?

By: Angie

Angie — Tue, 19 Jan 2010 10:04:52 +0000

I ran into this article looking for something that might give me legal direction. My landlord, Harold, told us a few weeks ago that he would accept our security deposit as last months rent. He came by the apartment first to make sure everythig looked good, and then said his good byes to our family and wished us well. A few days ago I recieved a bill for $490. He is stating that the carpets are bad, which they are in the same condition as when we moved in, except for some normal wear and tear. These are the same carpets he already inspected and said were fine. Then he says that he had to pay someone to clean and paint the apartment. It was clean when I left, and we lived there for 3 years, so painting seems like a good idea, I get the painting. Lastly he is mad at us because after having been out of the aprtment for 3 weeks we turned the gas and electric off. We got a bill for his furnace. He says that when we turned off the utilities in our name we wrecked his furnace. The furnace was going before we left. The repairman had been out a few months earlier telling him to replace it, and that he could only do a temporary fix. Harold is now charging me for that bill, as well as $38 in rent which I have no idea where that came from. There was no explannation at all just you owe $38 in rent. I paid my rent, I was the only person in my building who paid it all when it was due every month. I am so frustrated at this point, and I do apologize for ranting on here. I feel your pain though. I thought Harold was a nice guy, but it turns out he is a jerk trying to take more money from me than he already has. Now he is threatening to take me to small claims court over it. Ridiculous! I want to know where these people get the gonads, so I can go get myself a pair. We need mor eprotection for renters!

By: Greg

Greg — Mon, 10 Nov 2008 21:18:56 +0000

Greg,

The rental laws vary by state, and even by county and municipality.

However, if nothing has been signed, it is hard to make a case that you owe the money. If the landlord will not give it back, place a stop payment on the check.

In general, I would not recommend handing over money until the time comes to sign documents.

By: Greg

Greg — Sat, 08 Nov 2008 19:57:17 +0000

I have a question in regards to refund on the check that was written for the first month’s rent and security deposit. If the check was provided to the landlord before signing the lease, is the tenant in her/his legal rights to request for a refund if the check have been cashed in or request for the check to be voided because of a disagreement in the lease? The lease has not been signed and the tenants are not in the rental unit. Does your advice corresponds to all states?

By: Becky

Becky — Fri, 31 Oct 2008 17:01:08 +0000

Oh, my word…we’ve had this exact same thing happen just recently…only we’re out a LOT more money. In 15 years of renting, and being stellar renters/caretakers of every property we’ve ever lived in, I might add), we’ve always gotten our deposits back.

But this last house we rented was brand new when we moved in. BIG MISTAKE. (Never rent a brand new house from new landlords who sunk every dime of their retirement money into it. They’re going to be super nit-picky.)

As we soon learned, the homes in that development were of shoddy construction, and made of the cheapest quality materials available (particle board cabinetry, thin discount lineoleum, nails not long enough to sufficiently hold cabinets and doors to the framework and jambs…and doorjambs made of that MFD stuff that’s basically just glorified cardboard. It was a nightmare.)

Long story short, after over 2 years of our family of four living there, we bought our own home, and the owners gave us back only $795 of our $2,000 deposit, even though the place was immaculate when we moved out.

Some ‘normal’ wear and tear on the lineoleum flooring cost us nearly $1,200 and was replaced out of our deposit money…including the $150 to remove the appliances from the laundry room, and another $100 to replace the base molding (all to replace a tear that occurred when a maintenance person from the property management company tore the thin linoleum while moving the washer).

Totally sickens me. I believe it was a case of greedy guts owners gouging their faithful tenants to make up for the ones they’re bound to get on down the road whose deposits will get used up to clean up after them. Makes me so mad.

We’ve written a letter to both the property management company and the owners, and expect to get most of that back. If not, we will take them to Small Claims court.

By: MITBeta @ Don't Feed the Alligators

MITBeta @ Don't Feed the Alligators — Wed, 15 Oct 2008 21:13:13 +0000

As a landlord, I always take extensive pictures of my rental, then I make double copies, and get my tenant to initial the back of each one. He keeps a set, and I keep a set. That way there can be little about which to disagree at the end of the lease, other than the difference between damage and wear and tear.

By: Heather

Heather — Sun, 05 Oct 2008 19:09:29 +0000

Thanks for the tips! I wish I’d read this before moving into our current place. We had to rent out our own home because it was too small for us and had no a/c, and I had (another!) baby on the way.

Now we’re renting a 3 bd house. I asked several times for a walkthrough, but never completed one. The landlady seemed so nice, I figured it was ok. Stupid me! Hope it doesn’t come back to bite me on the behind!

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