I am looking to move out of my unit asap.. But I am afaraid that my landlord will not give me back my deposit.. Reason being is that we had a flood in here from another empty unit.. It took him from Sunday night till the following Friday to replace just the living room carpet..During that time he refused to give me a place to stay until I got legal info stating he had to put me and my family up somewhere.. So we stayed in a hotel.. When they changed the carpet they ruined my new computer desk, which I got him to replace.. But
I feel whe I goto move out, he'll try to get it all back from my deposit..
Now he just bought this building just over a year ago.. I've been in the same unit over 3 years now and hes never seen the inside.. Everything is fine except 2 small holes which I have patched and looks good but just needs to be painted.. Now I've been here 3 years hes goning to have to paint the walls anyways.. Should I be obligated to pay for this or not..? And what do I do if he trys to charge for things that was already done to the apartment, like the burnt counter top..?
I put a reguest in for my heat to be fixed 5 weeks ago and nothings been done, also I have Tiles falling off my bathroom wall and they wont fix it, what can I do..?
This is in New Hampshire btw..
Thanks..!!
love it hate it
03-15-2006, 05:03 PM
Here is some info:
What are my rights if my landlord refuses to maintain the property?
If the landlord doesn't meet his legal responsibilities, you usually
have several options (depending on the state), including moving out
(even in the middle of a lease), paying less rent, withholding the
entire rent until the problem is fixed, making necessary repairs (or
hiring someone to make them and deducting the cost from next month's
rent) or calling the local building inspector (who can usually order the
landlord to make repairs). You can also sue the landlord for a partial
refund of past rent, and in some circumstances can sue for the
discomfort, annoyance and emotional distress caused by the substandard
conditions. Be sure to check the laws for your state, so you know what
remedies are available to you before you take action against your
landlord.
What are the rules for returning security deposits?
Landlords may normally make certain deductions from a tenant's security
deposit, provided they do it correctly and for the right reasons. While
the specific rules vary from state to state, landlords usually have a
set amount of time in which to return deposits (usually 14 to 30 days
after you move out--either voluntarily or by eviction). Many states
require landlords to provide a written itemized accounting of deductions
for unpaid rent and for repairs for damages that go beyond normal wear
and tear, together with payment for any deposit balance. You may sue a
landlord who fails to return your deposit when and how required, or who
violates other provisions of security deposit laws such as interest
requirements; often these suits may be brought in small claims court. In
some states, you may recover your entire deposit--sometimes even two or
three times this amount--plus attorney fees and other damages.
Ball4u
03-16-2006, 08:04 AM
Soo let me ask this.. When we were forced to a hotel for 4 days, should he have reduced my rent.. I think so.. It was a Sunday night, and we couldnt be home till Thursday.. Now I know as a carenter, it doesnt take 4 days for concrete to dry and a new carpet in.. But he made us pay rent in full while putting us up in a hotel room.. Is that soemthing he can do..?
love it hate it
03-16-2006, 08:16 AM
Soo let me ask this.. When we were forced to a hotel for 4 days, should he have reduced my rent.. I think so.. It was a Sunday night, and we couldnt be home till Thursday.. Now I know as a carenter, it doesnt take 4 days for concrete to dry and a new carpet in.. But he made us pay rent in full while putting us up in a hotel room.. Is that soemthing he can do..?
he responded to an emergency, the other apartment flooded, he took up the carpet the floor has to dry to prevent mold, he accomodated you by putting you in a hotel-paid for, and replaced your table that was damaged. if he does hold your deposit he has to explain why, it has to be legal. you were not responsible for the flood so he cant hold it because of that, if he does you can sue him. you didnt dispute paying the rent even though you were in a hotel, you could have put in in escrow and fought him in court. 5 weeks is too long for a heater complaint. you should have already written a letter explaining the problem and holding the rent in escrow if he hasnt fixed it. or you fix it and deduct it from the rent.
elklaw
04-06-2006, 08:54 AM
On a practical level, the whole holding the rent in escrow thing will get you evicted. I think at this point in time that you are worried about something that has not happened, and all you can do really is have the unit independently inspected when you move and take pictures when you move. You are trying to figure out something that has not happened. Also, the terms of your lease may allow the landlord to retain parts of the deposit for things you are not even thinking about, so I think you should read the lease and calm down some and when you leave have an independent inspection of the damage to ensure you are not charged for things you should not be.
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