My mom passed away a week ago, she rented her home and her landlord called me today to tell me he changed the locks until I can show Power of Attorney or executors papers? I am an only child, my mom didn’t have any money or accounts just her personal belongings. From what I’ve read since she’s already deceased I can’t get POA so what exactly do I need to do to obtain her things, all the family photos, my daughters toys, furniture, videos, everything. I’m assuming I will only have to the end of the month since she already paid this months rent so I dont know how long of a process this will be. I am hoping to get this done asap because I have never trusted her landlord and I know he has been there at least twice since her passing on his own besides changing the locks.
I moved out of my apartment on July 19 and my lease was up on July 31. On August 20 I received a check for my security deposit for $366, when it was supposed to be for $400. I texted my ex-landlord (that is her preferred way of communicating, it it how we have always communicated in the almost two years that she was my landlord) and asked her why it was for the wrong amount. She told me she was out of town for a few days and would look into when she got home. Turns out she was actually out of town for two weeks, and she returned home yesterday and said she would have an answer for me today. Today she tells me the reason they took money was for a cleaning bill. Now my roommates and I throughly cleaned the apartment before leaving, despite the fact that when we moved in it was disgusting. But according to the Landlord and Tenant Act of 1951, landlords must send a list detailing any charges they have taken out of your security deposit, along with the check, within 30 days of moving out. Becuase she did not do this, I am actually entitled to double the amount of my security deposit. When I told her this she said there is nothing she could do and to stop being ‘unreasonable.’
I do not think I am being unreasonable. I am out of work and have $6 in my bank account. $44 may not seem like much, but to me it makes a big difference. I just need advice from someone who either had legal experience or has been to small claims court before. Should I bother going? Does it sound like I will win?
Here is the Pa Attorney General’s website, with the laws about security deposits: http://www.attorneygeneral.gov/consumers.aspx?id=405
There is also a .pdf of the Landlord and Tenant Act of 1951 on that website.
I have not cashed the check, hence the $6 in my bank account lol.
I asked her for a reason the very night I got it and did not receive a response until 2 weeks later. She was out of town but I asked if I could speak with the person who works above her (she works for a company, she does not personally own the building) she refused. I did not receive an explanation until well after the 30 days she is given by law.
I’m not desputing that she got a cleaning company, however uneccesary it was. The law says that she must send an itemized list along with the check within 30 days of the leas ending. She sent the check 20 days later without a list. I never recieved a list, she text messaged me today. (Sept 3.. 33 days later)
I live in Colorado and my landlord has said she is filing for bankruptcy and wants me to move out in sixty days will allow me 30 days rent and $300 to move. I don’t want to move, I sent a certified letter saying “I can’t accept your offer.” She has her home up for sale and I suspect she just want to move back in. Can she terminate the lease just because she wants to or can she insist on seeing the place how often she wants, I got an attorney last year because she said my signature was on top of white out and then sent me two more leases, one completely different over the course of weeks, my attorney wrote her I had a valid lease and to communicate through him in future. She ignores him. Also now that attorney has not returned my emails, or notes. I wrote him about this. So what should I do now?
FACTS: My apartment caught fire while I was not home in mid Nov 09. The fire was in fact caused by something of mine that my cat was playing with which touched the floor heater while I was gone. I thought that by turning the thermostat all the way to the left, the heater was off, which I always did before leaving. But the thermostat did not have any numbers or words on the unit, and the fire chief told me it does not turn off, just turns down! Although I have warned my landlord in the past the floor Furness is extremely unsafe, and has almost started fires 2 times before, I was prepared for the fact that I would not get my $1200 deposit back, and I would also have to pay out of pocket for some of the repairs. This was a very small fire which caused little damage to the apartment other than the wall that it was next too, small area of the hardwood floor and the smoke damage. I was displaced for the period while the apartment was to be fixed, however once I saw how long it was taking and how cheap and unprofessional my landlord going about the repairs, I decided to start looking for a new place. I gave my 30 day notice, and moved this last weekend. Over the weekend I also received a letter from my landlord’s insurance company stating that I am solely responsible for the damages, and am being charged over $21,000!! It has taken 2.5 months for the apartment to be fixed back up…clean smoke damage from walls, paint, replace 2 single pane windows which fire fighters broke, replace 8×8 area of Pergo floor, patch small wall area (aprox 36″ x 24″) with drywall, replace floor heater with up to date wall unit…Then there is what is left to do…clean or replace hallway carpet (aprox 5′ long hallway), and bedroom carpet (aprox 12’x14′), replace blinds throughout. The work was done very unprofessionally, and I doubt the man who did the repairs is even licensed, because I met him and he didnt even speak English. There is lots of areas which were not completed completely (mostly finishing of the segments where floor goes from on room to the next, and the workers left all the waste from the work they did in the apartment, which I had to move to the back porch. My neighbor told me my landlord asked him to do the repairs and he would pay him under the table or deduct it from his rent. Also my landlord’s girlfriend informed me the apartment was ready to move back in at the beginning of Jan, and that I am being charged rent for Jan, however the apartment is still not ready to move into. I feel that my landlord has taken the $21,000 and then hired someone under the table to do the work, since he originally asked my neighbor to do the work under the table, but he refused because my landlord has still not paid him for a water leak and mold damage that he himself had to repair in his own unit.
HISTORY: My landlord has told me time and time again that he does not want to put any more money into the apartment building (2 duplex’s), when I have requested small repairs (land line phone jack install, kitchen plumbing leak, bathroom faucet leak, unsafe heater unit), and always asked me to fix things myself or find someone to do it cheap and he will either go half with me or deduct a portion of my rent. He is what I see as a slum lord, who has lots of properties in low income areas, and does whatever he can to get as much out of them as he can…He drives a brand new Mercedes, and lives in a new home. He also will tell you whatever you want to hear, just to please you then will not follow through or will follow through with very disappointing results.
MY QUESTION: How do I fight the charges…it is not possible that it cost over $21,000 to do these half a** repairs…I need to know what I should do. Contact an attorney? Call the insurance co and dispute it? I have photos of the damage, and photos of what the repairs look like. I have informed my landlord that the work is not even complete and I only get a response from his very rude girlfriend. I have a feeling my landlord collected this $21,000 and pocketed it, then hired people under the table to do the work.
Please help, I am a single woman and I cannot afford to pay such unfair charges!!!!
Also…I did anticipate paying for the damages, and not getting my $1200 deposit back. I understand i am responsible for my pet if she caused the fire, but I anticipated it costing no more than $5000, which I would have possibly gotten a loan to pay for. $21,000 is excessive for such minimal damage and the qaulity of the the repair work.
Do i have to pay rent in a home i rent that is in the forclosure process. is there a florida website that i can ccheck a statute. i am month to month and have made agreement(w/landlord) to pay less but now being told i am not obligated to pay at all. What is the legality of this. Can she go and file for eviction even tho the home is mid process of forclosure? yes i know i need to move but if she isnt paying why should i pay. should i contact the bank and tell them i am paying her so they can collect from her or use this as a barganin chip to get rent even lower. i agreed to pay 1000 of the 1500 i am suposed to but now thinking about offering 500. i know i cant live for free and dont intend to but why not take advantage of the situation. they have been keeping my money since feb. and not paying the mtg. also the “”NOTE cannot be found(they filed to re-establish lost note) and the partner is MIA since December of last year. should i assume this will make the process even longer
Landlord-tenant dispute – Commonwealth of Virginia
I signed a lease for a rental property. Contained within the lease was a clause that allowed me to move and store my items in the basement area on 7/26/2010 while the “turn” was being performed on the upstairs portion with actual physical move-in date of 8/4/2010. The property management company did not communicate the clause to their cleaning crew and all of my items were removed from the property and placed in storage. When I learned of this removal I demanded that they return the property, which they did minus some valuable items, including: 2 motorcycle jackets, approx. $50 in change, 2 wristwatches, several football cards, a cell phone, and an MP3 player. The nature in which these items “disappeared” from the moving boxes, obviously speaks to theft (all of the silver change was taken leaving only pennies, a new watch was removed from it’s watch box within moving box, the football cards were taken out of a small cash box packed in a moving box). I requested that these items be returned and no further legal action would be pursued. The cleaning crew and the property manager came out on 8/7/2010 to help “locate” the items, which was a pointless effort as I knew the items were not returned and would not be found among my other property returned from the storage units. Of course, they were unable to locate the items. The cleaning crew swears that they did not take the items. I filed a police report for the theft of the items on 8/7/2010.
While I did have a renter’s insurance policy in effect, I do not feel that I should have to lose the value of the deductible, require my insurance company to pay for items, and pay a premium increase, for items that were stolen as the result of the property management company’s incompetence. So the next course of action is to initiate a lawsuit against the property management company for the value of the missing/stolen items. What on what grounds should I pursue a civil lawsuit? Negligence? Also, if I were to hire an attorney, could I sue the property management company to recoup his fees?
Any advice or assistance is greatly appreciated. If you happen to be an attorney in the Blacksburg, VA area and are interested in representing my interests in this case, please let me know.
The does state that they are “not responsible for stored items”. However, I do not think that would hold up in court as they/their agents were the responsible parties that caused loss of the items through negligence and/or trespass to chattles.
My lease states that all tenants are supposed to put ALL utilities in their name. Later on it states that if we don’t pay our utilities on time and the landlord ends up paying them, we will receive a warning. Second offense results in a $50 fine. That’s all it says about utilities.
About a year ago my landlord took the water bill for everyone in the complex out of their names and put them in the names of the landlord and her husband. She then added her own extra fees, which included fire hydrant fees, storm drain fees, and the building’s water usage. She split these amongst all of the tenants. The Consumer Protection Agency and an attorney both told me that this is illegal. The attorney, who was just giving advice, told us to first compose a letter asking for a refund for the overcharged utilities. Everybody in the complex wants me to write the letter. The attorney wouldn’t take part in the letter writing without pay.
So any advice on what I should say in this letter? The attorney told me to have our totals on the letter and for us to demand she return us our overcharged utilities. But he didn’t elaborate.
What’s a good amount of time to give the landlord to respond with a refund? Any special wording or any good websites out there about this matter that I should know about?
Kelle: Actually I’m just about done getting the totals. Most of the people in this complex have been living here for 10 to 20 years. We’re all very close. I just want advice on the letter, that’s all.
Ok. . .on January 18th, 2007 I was arrestted for a probation violation and sentenced to 4 years in Texas Department of Criminal Justice (TDCJ–prison). After serving 16 months, I was let out on parole. I have gone back to my old apartment to see if I can recover any of my property, but the landlord says a few different stories. keep in mind that I had no intention of moving out, my lease was up on the next month, my parents tried to recover the property by showing power of attorney papers, and I owed around $350 for the months rent unpaid.
So the landlord (D) says first that he trashed everything because noone ever came to pick it up and people were breaking in taking stuff. Then he calls back and says he remembers that he kept somethings and thinks that the old apt. manager may have taken others. He told me the third time that he sold everything to the new renters for $300.
Do I have a right to my things? If so, how do I go about getting them?
Me and my boyfriend were suppose to move into an apartment we found on craigslist on october 1st , we signed a lease that states the 1st would be our move in date. Our landlords changed our move in date because of previous tenants.. On the 3rd we drove by the apartment to see if they were moved out , like we were told by the landlord(that they would be moved out on the 3rd) we saw that they were not moved out, so we contacted our landlord and asked what was going on. They told us the current tenants were now not moving out until the 10th and that we would not be able to move in until the 11th. I then sent them an email confirming everything we talked about and i got a reply that said we will just give you your money back tomorrow!!!. They did not want to confirm, and after calling them to ask why they said they did not want to deal with the apartment and were not renting it out. We then said fine when will we get a refund , he yelled at us and told us he was not a bank and we would not get $2000 back without signing a release from the apartment(which we never asked for) would .
I responded that we never broke the lease, that they did. and i contacted an attorney. He said to write a demand letter for the 2,000 they own us , for first and lasts months rent which we gave to them about two months ago.
They had 30 days to respond to the letter and they have not, and they did not give our money back.
Also they have posted the apartment on craigslist every day looking for new tenants to move in , even though they have our money and we have a signed lease for the 1st of october. (they posted the apartment 10 minutes after they said they didnt want to rent it anymore)
Now we have no place to live and are staying with his mother, she is moving by the end of the month simply because we were moving into this apartment. we signed the lease on 09/11/2009 almost a two months ago
If anyone could please help us , give any advice, or if something similar happened to you , please reply. We really do not know how to go about this because were afraid he is not going to give us our money back and we are afraid they are running a scam.
thank you for all the responses we actually found out tonight that someone moved in today
so not only do they have our money but now there are tenants living there when we have a lease
My friend and I found a house to rent, and the landlord told us that it was a month-to-month lease. The rent was $700 per month, and the deposit was also $700. We signed a contract stating that a security deposit of $700 and first month’s rent of $700 were paid before moving in. My friend and I paid with separate checks that stipulated that our money was for half of the security deposit, and half of the first month’s rent.
Although my friend paid her half of the first month’s rent, she never ended up moving in. I paid the second month in full, and gave my landlord a 30 day notice telling him I would be moving out because my friend never ended up moving in.
Now, he is telling me he will only refund my half of the security deposit because I told him that she never moved in. He also told me that he had to fix two doors that were broken, and he would be taking this money out of my half alone before he refunds me, because she never moved in, so it is not her responsibility. He told me he discussed this with his attorney and that he “knows his rights”… but when I prompted him for the attorney’s name, he would not give it to me.
This sounds completely bogus to me, but I am not aware of the law… can you guys help me out? Or give me a resource to dig further into this? Thanks!