The rules vary widely by state, but did you get a formal checklist from the landlord when you moved in? That is pretty standard around here for housing intended for students since it will tend to see a lot of wear and tear.
Basically it is a form listing out components of each room, by room. For example there would be a kitchen section that would list "cabinets, refrigerator, sink etc." and then next to each you check that you accept the condition of that item and make a note of any condition issues on move-in so that when you move out you are not charged for that condition.
This walkthrough should happen on day one and then signed off by the landlord- often with a representative doing the walkthrough with you.
The good news is that you were smart and made detailed lists of room conditions.
I would suggest you reformat those, if necessary, into a form where you list each room, and then each item and then problems with each item. An example might be,
Bedroom 1,
Walls- crack near ceiling, paint scuffmarks next to window
Floor- floor unclean, 3 black stains in carpet, mildew scent.
etc.
If you put it in that format it will more closely resemble the standard type forms out there and make it easier to take your case to a higher authority.
On the pictures you took, keep the originals in your digital camera where the date and time stamp can be recorded. This is important so you can show this was the condition on move-in. Otherwise the landlord could claim you did the damage after moving in.
And again on that point- you have done the smartest thing possible by doing all this work on day 1 AND conveying it to management on day 2.
Next step, look over your lease to see if there are any specific terms mentioned as to the condition the house would be in at the time of move-in. Also check to see if that checklist is noted as a requirement. A lack of any mentioned terms does not mean you are stuck, but at least find out if any specific representations were made as to the condition of the house at the start of the lease.
For practical purposes- especially given this is a time of year when a lot of students are moving in and leasing/cleaning companies are very busy, you should brace yourself for this taking 1-2 weeks to correct. Fair, no. Realistic, yes.
Depending on how bad it is, you might be able to get a partial rent concession (basically a refund on part of the rent) for your inconvenience- but it will have to be pretty serious for that to be an option.
As for you painting things yourself- again check the laws in your state, but here in Texas if a new tenant performs basic necessary repairs to make a leased residence habitable with the landlord's permission in writing, that tenant will often have the right to reduce their next rent check by any out of pocket expenses (and you can charge for your time too.)
But again, this is not a guaranteed right you can exercise on your own- so find out your local laws first.
If you don't get any movement from management in the next couple of days, you can consider having the health department or a 3rd party check out the mold and determine if it causes a health hazard. A formal report indicating that will get your management company moving fast- but it will also set you up for a contentious relationship potentially for the rest of your lease.
That last bit is my last piece of advice- always keep that long term in mind. Your house is a mess and that is not fair and it sucks. But for your long term sanity, giving them 2-3 weeks to get this all done and maybe doing some of the work yourself at no charge might be the best solution so you don't have future headaches.
Hope this helps and sorry to hear about the house.
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The GC Master Beta
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