Rental Issues

[adpiucf]

I started my move-in at my new place on Sunday, the official start of our lease. We are renting a house near campus that is maintained by a local management company.

The place was filthy, and while there were spackle marks everywhere, they didn't repaint the walls and there were numerous holes in the walls. We also found some furniture and things belonging to the former tenants inside the house. And a very strong mildew smell and spotted some mold. We took over 200 photos and drafted 5 typed pages of the conditions of each room.

I called and emailed management last night and when they called me back this morning, they expressed surprise. Apparently cleaners had been to the house, someone from the management company had been by and said that she thought they did a "good job" prior to our move-in.

The cleaners are going back to reclean, but the managers said that they won't paint the walls (but are willing to give us paint if we want to do it ourselves).

This is an older house, and some wear and tear is to be expected... but at the very least I assumed it would be clean when I moved in. A total of 6 people saw the house yesterday when we unlocked it and they were all shocked at the dirt and the smell, as well.

I am so irritated right now, as is my roommate. I sent the landlord another note that we'll pay to have the place cleaned and painted if they'll deduct the cost from our rent. But this sucks-- my lease started yesterday. I'm paying rent and this place is completely uninhabitable. I shouldn't have to scour the walls and baseboards beyond some light cleaning upon move-in, and I shouldn't be responsible for painting over the former tenant's holes.

[Lily1909]

What a frustrating situation! I hope things get sorted out for you soon.

I am not a lawyer and this is not advice, but these are some things you might consider:

You may wish to check with your campus housing office's website. They may have information on the landlord/tenant laws in your state.

My state produces a guide to understanding landlord/tenant law for the non-lawyer. Your state may do the same.

Check your lease to see what it states regarding cleaning fees and the type of cleaning conducted.

Did you fill out the checklist that notes the condition of the apartment? I wonder if it would be helpful to complete with someone from the management company present? You might be able to get a copy of the checklists from the last tenant.

Keep copies of any communication with your landlord. In a recent situation with a landlord, I kept notes on phone conversations, as well as hard copies of written communications.

If it's a safety or health issue (and it sounds like it might be), would it be possible to get out of the lease?

Your county probably has a housing office with someone who can help as well. I called my county office recently and the staff were VERY helpful in helping me determine next steps.

Hope this helps!

[Tom Earp]

Do you have a camera? Take pictures and send to them the state of disrepair.

Make notes, the management Comp. may be taking them to the cleaners!

[AlphaFrog]

Do you have a reading-comprehension problem??

Originally Posted by Tom Earp

Do you have a camera? Take pictures and send to them the state of disrepair.

Make notes, the management Comp. may be taking them to the cleaners!

Originally Posted by adpiucf

We took over 200 photos and drafted 5 typed pages of the conditions of each room.

[Tom Earp]

Originally Posted by AlphaFrog

Do you have a reading-comprehension problem??

God, you are still such a special person!

[_Lisa_]

Originally Posted by adpiucf

I am so irritated right now, as is my roommate. I sent the landlord another note that we'll pay to have the place cleaned and painted if they'll deduct the cost from our rent. But this sucks-- my lease started yesterday. I'm paying rent and this place is completely uninhabitable. I shouldn't have to scour the walls and baseboards beyond some light cleaning upon move-in, and I shouldn't be responsible for painting over the former tenant's holes.

A friend of mine has a similar situation except her landlord is this elderly old man, and she felt bad for asking him for all the repairs she needed thinking that he was going to do them himself. But after she waited for so long, she sent him a letter & said that she was going to have someone come in for the repairs & that she would deduct the payment out of her rent. He quickly got someone in there to fix everything because he thought she'd hire the most expensive company.

Originally Posted by AlphaFrog

Do you have a reading-comprehension problem??

Thats so funny, I love how some people think they have something oh so super special to say, when it shows they didn't even read the original post.

[PM_Mama00]

Why didn't you check this place out before renting it?

[PiKA2001]

Originally Posted by PM_Mama00

Why didn't you check this place out before renting it?

No kidding, hate to sound like an ass but why would you sign a lease w/o you or your roommate checking the place out?

[EE-BO]

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.

[ThetaPrincess24]

Originally Posted by AlphaFrog

Do you have a reading-comprehension problem??

LMAO!





sorry.

[adpiucf]

Originally Posted by PM_Mama00

Why didn't you check this place out before renting it?

I'm not an idiot. We did check the place out.

We toured it when the previous tenants were living there one month ago. It was clean. They moved out. The place was vacant for 2 weeks. The landlord didn't clean the place at all. I have over 200 photos showing all of the damages that, if they were there last month, they were covered up by wall hangings, etc.

They trashed the place when they left, ripped holes in the walls (including a huge drywall hole from where they removed the W/D hookups), etc. They left furniture, spackle everywhere and where they patched the walls, they didn't paint. And the landlord won't paint, either.

So I visited a clean house and unlocked the door to find something very different. No offense to you Animal House fans, but this isn't Faber College and I don't want to live in at the Delta House...

ETA: EE-BO, we did get the checklist, but we ended up having to type up the list because we ran out of room. Several pages, room by room. I appreciate the thoughts, and will share these with the roommates, especially about a rent concession for doing work ourselves/consulting state laws... they DID send over cleaners today to "re-clean" (I think they were there for the first time) and my local roommate inspected and said that they did a job to her satisfaction, so at least it is a step in the right direction...

[ThetaPrincess24]

The rest of it may look ugly/need repair but at least it is clean. I personally cant relax in filth.

Originally Posted by adpiucf

I'm not an idiot. We did check the place out.

We toured it when the previous tenants were living there one month ago. It was clean. They moved out. The place was vacant for 2 weeks. The landlord didn't clean the place at all. I have over 200 photos showing all of the damages that, if they were there last month, they were covered up by wall hangings, etc.

They trashed the place when they left, ripped holes in the walls (including a huge drywall hole from where they removed the W/D hookups), etc. They left furniture, spackle everywhere and where they patched the walls, they didn't paint. And the landlord won't paint, either.

So I visited a clean house and unlocked the door to find something very different. No offense to you Animal House fans, but this isn't Faber College and I don't want to live in at the Delta House...

ETA: EE-BO, we did get the checklist, but we ended up having to type up the list because we ran out of room. Several pages, room by room. I appreciate the thoughts, and will share these with the roommates, especially about a rent concession for doing work ourselves/consulting state laws... they DID send over cleaners today to "re-clean" (I think they were there for the first time) and my local roommate inspected and said that they did a job to her satisfaction, so at least it is a step in the right direction...