Release me Please!

[Nita Mae]

Hi,
I live in Arkansas and I had a question. I have had so much trouble with the current property I live on. Children running wild, repairs that never get fixed, and a I belive these people are running a water bill scam as well. I have found a new place to go but it wont be ready until the end of this month. I am also suppose to renew my lease this month. Can they kick me out before the end of the month?

Also, there are some minor repairs that need to be done. Many of which they were suppose to fix but have not yet. I paid what's called a sure deposit that is non-refundable. Will I have to fix these repairs myself or am I covered?

[pezrgood]

Originally Posted by Nita Mae

Hi,
I live in Arkansas and I had a question. I have had so much trouble with the current property I live on. Children running wild, repairs that never get fixed, and a I belive these people are running a water bill scam as well. I have found a new place to go but it wont be ready until the end of this month. I am also suppose to renew my lease this month. Can they kick me out before the end of the month?

Also, there are some minor repairs that need to be done. Many of which they were suppose to fix but have not yet. I paid what's called a sure deposit that is non-refundable. Will I have to fix these repairs myself or am I covered?

I have been in the Property Management Industery for over ten years in Chicago. If you used a Sure Deposit instead of a traditional deposit what you actually have is an insurance policy payable to the landlord in the event of damages or unpaid rent. There are strick laws that govern the witholding of traditional security depsoits. I have never used Sure Deposit at any of my proprties ( I am a regional director for 14 rental mid size rental communities) so read your agreement with Sure Deposit or you can call them directly at...

SureDeposit
Converge Services Group
293 Eisenhower Parkway Suite 320
Livingston, NJ 07039
T: 973.992.8440
F: 973.992.8770

In traditional deposits a landlord can only withold your security deposit or assess charges to your account after move out for actual damages or unpaid rent. Those damages must be actually casued by the resident. A good example is if a door has a fist hole in it that was not there when you moved in or cuts in a conter top, broken blinds, cracked mirrors, or stains in carpet, etc. that weren't there upon move-in. Damages are not normal wear and tear. Dirt/filth is considered damage. If you fail to leave your apartment in a tenantable condition more than likely you will be charged to clean the apartment. Hopefully you did some kind of walk through with the landlord when you took possession of the apartmet and hopefully you have some kind of form that defines any existing permenant damage that existed when you first moved in. If not it is possible that a landlord that is less than highly professional may try and make you pay for them even though you did not create the damage. One thing that most tenants fail to do is document the conditin of the apartment upon MOve-out. Call your landlord and request to do a move-out inspection. Some companies do not do this with the tenant and are not required to. If that is the case, take pictures of the apartment that can show the date. Take them to be developed immediatly so that the daet coinsides with your move-out. This will help you dispute any chages you feel are unfair, wrong or inflated. If charges are assessed demand invoices for materials and contractors to make sure that you are not being over charged for the work that was done in the apartment. If the damages that are assessed involce carpet replacement, make sure that they took depreciation into consideration. If you lived there for a year and movedinto carpet that was 6 years old you should not be charged for the total replacement but a pro-rated portion of the life expectency that was cut short due to damage.

To address the question about can they kick you out, they probably wouldn't if you are paying your rent. At the expiration of a lease most leases will convert to a month to month tenancy if the resident continues to pay the rent. If your lease expires at the end of this month you should contact your landord and tell her/him that instead of renewing you would like an extension. That will allow you to remain in the apartment without committing to another lease term longer than you need. If you are on a month-to-month lease or a verbal lease you are proably only required to provide a thirty day notice of your intent to move-out regardless of your lease term (some month to month leases will still have a term to define the frame in which an increase in rent will take place) Laws vary from state to state. Check to see if there is a tenants union in your area that can provide you with state laws that are specific to AK, and re-read your lease. As to the complaints about children - They are covred under Fair Housing Laws. Sometimes it is not within the power of a manager to address issues unless they are direct lease violations. If Childrena re running in the hallways or playing in the halls this can be a lease violation by way of a fire hazard. Wherever you live and whenever you have problems you should immediatly notify your landlord or site Manager. If noone make them aware of a problem that may be why it persits. If requests go unanswered always follow up in writting. Most leases specifically outline the responsibilities of both the landlord and the tenant. Certain types of repairs must be made within a reasonalble time frame. COntacting your local fire department or building department can also help with landlords that ignore serious issues that effect your ability to fully enjoy your apartment. Landlords can not retaliate if a resident files a complaint with a municipality.
Good Luck I hopt this helped a little

[elklaw]

Perez- advertise somewhere else

If you are not renewing your lease, give them notice and you need to look at your lease to see what the required notice is and usualyl that is 30-90 days, so you need to do that. You will be likely liable for rent for the length of the notice period if you are giving notice and it is not within the requirements of your lease. For example, you have to give 30 days notice but you give 15 days notice, meaning you would most likely be liable for 15 days rent and that would come from your security deposit, or you could be billed or sued for that possibly too. You need to look at the lease requirements to not renew, follow that in terms of giving notice of nonrenwal of lease. Consult an attorney locally if you have questions or problems.