Responsibilities of the Renter When Moving Out

February 13th, 2006 by

Whether your lease is up and you’re moving on to a nicer place or you’re breaking lease because you’re so desperate to leave behind the cockroaches and mildew of your present apartment, moving out is a major undertaking. It’s also a big personal step and can be very stressful to you as an individual. To avoid causing yourself further headaches than absolutely necessary, make sure to plan your move carefully and communicate successfully with your landlord about the moving process.

Give word

Giving notice is crucial, especially if you’re breaking your lease. Even if you’re not, it’s still crucial to let your landlord know that you’re actually moving out when your lease is up. That way, your landlord can not only prepare by trying to find a new tenant for your apartment, but can also potentially assist you in finding services to help you clean or move out of your apartment. This might help alleviate some of the stress of moving. Choose a specific day by which you’ll definitely be out of your apartment and notify your landlord you’ll be out by that time. Then, motivate yourself to have everything done two days early. This will give you extra time to deal with any emergencies that might arise at the last minute.

As always, communication is crucial—you’ll need to keep your landlord updated throughout the moving process, so he or she will be able to show the apartment to new tenants and guarantee a move-in date to the incoming individuals. Being flaky about your move-out date is not only an inconvenience for your landlord, it might also cost you some money—especially if you’re not out by the first of the month, when the new tenants show up with a moving van full of furniture. Changing apartments is not something to mess around with, so be sure you can leave by the date you set for yourself.

Get out

This should go without saying, but you’ll need to actually get all—yes, all—of your stuff out of the apartment before taking off for good. It’s not the responsibility of your landlord or the next tenant to get rid of all the junk you don’t want to take with you to your future place of residence. If you don’t want something, at least haul it to the curb or dumpster, or just advertise it on the craigslist for your city—you’ll be amazed what people will go to great lengths to pick up and even pay for. No matter how great your car (or, if you’re lucky, truck) is, you’ll likely need to hire a moving company and/or some strong friends with trucks to help you move any significant amount of furniture.

If you’re not moving furniture, get rid of it, or get a contract allowing you to leave it behind. Even if you meet the people who’ll be living in your apartment next, and they indicate an interest in your furniture, obtain a written agreement signed by the tenants and your landlords that allows you to leave certain items of furniture behind. Otherwise, you might be faced with extensive charges from your landlord if he or she had to pay people to take out and dispose of your stuff.

Clean up

Your landlord can usually issue a cleaning fee if you leave your apartment excessively messy. Since messiness is a subjective issue, it’s better to be on the safe (i.e., clean) side and tidy up as much as possible. If you’ve been a total slob for your tenancy in the apartment, this might be rough, but if you’ve maintained decent cleanliness levels, it shouldn’t be too much of a hassle.

If possible, get as many of your belongings out of the apartment prior to cleaning. This will not only make it easier to clean, since you’ll have fewer objects to work around, but it’ll also help you get a more thorough clean and avoid being surprised by fees charged

by your landlord, who discovered a huge stain under the rug you left behind in the living room. If you want to get your deposit back, try to leave your apartment even cleaner than you found it when you moved in. That may not be possible, but it’s a good goal.

Fix it

Now’s the time to own up to any damage you caused to the apartment while you were there. You might be able to get away with a temporary cover-up that will pass a quick inspection, but eventually the new tenant will uncover what you did and refuse to take responsibility. Rather than risk a messy fight in the future, simply allow for whatever you might have done to your apartment to be set right. When your landlord finds out, you’re probably in for a messy lawsuit to recover damages, not to mention a drastic decrease in your future desirability as a tenant. If you have damage to repair, do make sure to hire competent workers who’ll do a good repair job; you don’t want to be stuck with bills from both the construction crew and your landlord. You might also work directly with your apartment complex’s maintenance crew, since they’re already on-site and equipped with the tools to do the job.

Record it

It’s a good idea to have some record of the condition your apartment was in when you moved out. That way, your landlord can’t accuse you of making the place any dirtier or more damaged than you actually did. It’s also important to have a record of the condition the place was in when you moved in—but of course, if you didn’t take care of that initially, you’ll be hard-pressed to do it now. What you can do is make absolutely sure you won’t be charged for damages you definitely didn’t inflict. Once you’ve moved all your stuff out and done a thorough cleaning, take pictures of the apartment to prove you left it in an acceptable condition. You’ll probably also want to walk through the apartment with your landlord before you leave, just to show off the condition of the place and hand over the keys. This will not only show the landlord how you left your apartment, but also prove that you didn’t make any modifications to it after surrendering all access.

Get your deposit back

Depending on the terms of your lease, you should be entitled to get your security deposit back when you move out. As long as you haven’t wrought excessive and irreparable havoc in your apartment, and as long as you’re honest about what you’ve done, you should be able to get most of your deposit back. Repainting and carpet cleaning are costs you shouldn’t have to cover unless you caused undue damage to your apartment. Unless the carpet is stained and ripped up from your devilish pets, or the walls are covered with color from your late-night painting frenzies, it’s your landlord’s decision to redo aspects of the apartment, and you shouldn’t have to pay for your landlord’s desire to improve the condition of the living space to attract future tenants.

Some landlords will hold on to the security deposit unless you take steps to get it back. Start out by simply sending a written request by certified mail with return receipt requested. If there’s no response, you might look into going to small claims court to get your deposit back. Depending on the size of your deposit, this may not be worth the hassle, but you are legally entitled to get your deposit back unless you’ve caused damage so extensive that the money’s needed for repairs. This is where the photographs of the pristine apartment you left behind come in handy—they’ll demonstrate that you didn’t do enough damage to merit the seizure of your deposit.

Pay it off

In some lease agreements, the security deposit can be used toward the last month’s rent. This is an option you may want to explore—though you may not be able to, depending on the terms of your lease and the size of your deposit. Ask your landlord if your deposit can be used toward rent or not. If not, you’ll still need to pay your rent through your term of residency—not doing so will cause more grief and eventually cost more money than it’ll save you.

In sum

Moving out doesn’t have to be a hassle unless you make it one by not planning ahead. Pick a move-out date and stick to it, make sure all your belongings are moved and all apartment surfaces are cleaned, and you’ll be good to go to your new place, with security deposit in hand and a rental record as spotless as the apartment you left behind.

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56 Responses to “Responsibilities of the Renter When Moving Out”

  1. Guest Says:

    We were told after we signed a 7 month lease that our apartment complex was changing into condos and that we either had to buy it or move. (nice huh) We assumed that there was no need to give notice of moving after the 7 months considering we had to move because of the condo conversion. When we turned in our keys that wanted another months rent because we did not give a 30 days notice. We were so mad. Do we have any options here or do we have to pay?

  2. Guest Says:

    I am moving out of an apartment that has cockroaches. Is it true that I will have to leave my couch behind? any tips for moving without bringing the roaches to the new place?

  3. Guest Says:

    need help… apartment complex trying to charge for carpet replacement after we had been in the apartment for 2+ years. We left the apartment in good shape (pictures to prove) how do we get out of this?

  4. Guest Says:

    are small nail holes from hanging pictures “reasonable wear and tear?”

  5. Guest Says:

    i have some bleach stains from cleaning with carpet cleaner what do i do?

  6. Guest Says:

    no clue about the couch, but i’m also looking to move from an apartment building that is infested with roaches. any news on legally breaking the lease due to building management’s lack of response in rectifying this nasty problem?

  7. Guest Says:

    legally you have to give 30 days notice. you might have to end up paying.

  8. Guest Says:

    I have been renting an apartment for the past two years that was recently (with in the last month) taken over my new management. I am going to be moving out soon and have submitted all the necessary paperwork. During out preliminary walkthrough of my unit I was being told of different things I may be responsible for paying for and would be taken out of my deposit (i.e.. Carpet cleaning etc.). Most of it made sense with the exception of the fact they are going to be charging me to paint the unit. I was told it will be prorated based on the amount of months I have lived in the unit and I will pay for the labor and paint supplies needed. I have never heard of this before and when I went though my lease agreement it is very vague about what they can use my deposit for. It does mention cleaning the walls but not paint. Is this something they can truly charge me for? It sounds much more like wear and tear especially given I have not done any damage to the walls they just will be repainted for the new tenant.

  9. Guest Says:

    We too are trying to move out without our roach friends. Our plan so far is to put EVERYTHING into the uhal, and fog there… I’ll let you know if it works.

  10. Guest Says:

    can i be charged MORE than my security deposit? when i move out?

  11. Guest Says:

    I’ve been living in my apartment for three years and am moving out when my lease is up.

    Some of the linolium flooring in the kitchen has started to peel and small pieces have cracked off. Will I be charged for the repair or replacement of this?

  12. Guest Says:

    I signed a lease for 12 months, 3 months into living there i got a call that my grandmother was ill. I gave the apartment 30 days notice and the reason why. I checked my credit report 2 months ago and they are charging me moneies for the remander of the lease pluse interest. Can they do this?????

  13. Guest Says:

    My lease states that if I leave before it’s over, even if I give notice, that I’m responsible for the rent for the remainder of the lease, unless they find someone else to occupy my apartment in that time.
    My friend lived in the same complex and broke her lease a couple months early to move out of state, and they told her the same thing, but that they’d try to find someone else for her apartment. I’ve been here the whole time, and do you think they were in that apt cleaning to get it ready for a new tenant? NO! They only want to get as much money as possible, so be prepared to cough up the cash. :(

  14. Guest Says:

    I also have experienced needing to terminate a lease due to a cockroach infested environment. I was able to legally break it due to health reasons….I have cockroach allergy. I also made sure to highlight some things from the lease about their duty to provide a sanitary place and got some info from the housing dept. too.

  15. Guest Says:

    I live in washington state, and I’m wondering what exactly constitutes “reasonable” for a landlord to enter my apartment. I gave my 30 days notice, and have been very cooperative about letting my landlord in to show the place to perspective tenants. I gave up the first two weekends of the month when I could have been moving and cleaning so that she could do so. I ran home from whatever I was doing to be accomidating to her. I have two dogs, and need to be there when she enters so that my dogs are calm and well behaved. I insist on this because although my dogs have never bitten anyone I feel it’s important to be responsible about their care, and part of that is not putting them in situations where they are unattended or uncomfortable with strangers. My landlord is now wanting to show my place every day, and also on the last weekend I have to get myself moved. She knows I have a full time job that I can’t and shouldn’t have to jepardize in order to accommodate her. She knows I’m more than willing to be there when I get off work to show the place, and it’s at a reasonable hour…but she is telling me that I either need to be there on her schedule (the middle of the afternoon), get my dogs out of there for the remainder of my last month, or be responsible for what they could potentially do when she enters without me being there against my wishes. I understand that she wants to get the place rented…but at what point is it unreasonable? I PAY RENT to have my dogs there. I don’t have anyplace else for them to go. I should also mention that the reason she hasn’t been able to rent the place is because she is asking WAY over what the place is worth, and currently it has a gaping HOLE in the kitchen floor, as well as one in the bathroom due to a plumbing problem that needed to be repaired a few months back. I have had to live in the place like that for the past few months and that is why I’m moving. Does she have the right to be showing the place everyday while I’m still living there (and I mean EVERY DAY) when it’s not even habitable? What are my rights?

  16. Guest Says:

    Not a good idea, I don’t think: I hear you have to wait 24hours before you expose yourself to the room (or U-haul) that you fogged.

    Anyway: I’ll bet it’s against the U-Haul contract since it’s poison, really, taht you plan too let loose in thier truck.

    Think twice!

  17. Guest Says:

    I live in WA State and have scoured the internet for local county and state regulations covering health standards and responsibilities of property owners/landords for the following: I’ve given more than 30 days notice, am an experienced renter and have always received my full deposit back. BUT I have always had hardwood floors and now live in a rental house with Carpet (when I move I will have lived here for 2 years w/no kids & no pets). My lease states I have to shampoo the carpets and I thought no problem…rent a shampooer at Lowes et. al; BUT the other day my landlord showed up at my door at 9am on a Saturday and wanted to Review and clarify my notice and intentions to leave the house upon exit. He was a real jerk I must say. NOW all of a sudden he states that the carpets must be Professionaly Cleaned and he wants a receipt to prove that I didn’t do it myself. QUESTION: Arent’ landlors responsible to clean the carpets in order to observe the health codes and make unit rentable to next tenant? AND isn’t me renting a shampooer resonable vs paying money (which I do not have) to have a Professional Company do the carpet? It’s only a 970sq ft house. I think he’s just trying to strong-arm me. Thank you Cindy in Skagit County

  18. Guest Says:

    do i have 2 paint when i move

  19. Guest Says:

    I have only been living in my apartment for 2months and someone broke into it. A tenant on the 2nd floor states she saw someone with keys open the door to the apartment. I informed the landlord that I wanted to move. Am I entitled to my security deposit since I was forced to leave, fearing for my safety?

  20. Guest Says:

    i am having so many problems in my apartment complex and most of my neighbors either heard of the same or going through something now with the manager. i emailed for a maintenance request and received no response 5 times in a month . Now we have another maintenance problem again and the others still aren’t fixed.

    1. Inside freezer door the holder on the side of the door broke off. 2nd time reported-i heard if i don’t report while i live here they will charge me after i leave so i reported it

    2. Air conditioner has been broken since Thursday July 12th, maintenance was here and walked out never telling us if they were coming back or what the problem was but they had a chance telling us that the outside closet is not meant for storage and we have to much stuff out there…our neighbors have more than us and can’t believe the ignorance of the man, we all were told to use the outside closet for storage as long as the maintenance can take it out easy for the heater repairs and check ups.
    I have called several times… left messages and finally after not receiveing any calls back in days after three messages i called emergency line,also emailed this apartments solomon maintenance request(you can even pay rent online there) and no response except a maintenance guy finally July 18th called me back and said that the air conditioner was burnt out( it’s a new air conditioner replaced in June) and he needs parts …they never told us that…so here we still waiting and no air conditioner at all..

    3. I wrote the manager the 30 day notice that we are not renewing our lease for August 1st and I called and left message referring to it and the air conditioner (when is a good time for walk through) and got no response at all.

    4. Now July 19th our bathroom sink will not go down. We have stand still water. here is another request for maintenance that i would appreciate a actual response.

    who is above the manager to speak to that is willing to work with us. We are not renewing our lease expiring August 1st and we can move in our house (first time home buyers) August 1st. How do we set up a walk through and why aren’t we getting our air conditioner fixed. To morrow will be 8 days without air conditioner. This is not acceptable. who do i speak to regarding this? the manager won’t even return calls.

  21. Guest Says:

    The bad:

    Burglarly of your unit, in and of itself, does not give you the right to break the lease and move out early.

    Did they go in to fix something you told them they needed to? Did they go in after leaving you a message that they’d be doing so? If so, that’s not a break in, that’s just them exercising their rights to the property they own.

    If you break your lease by leaving before it ends, you are generally responsible for the rent till the lease ends or until the unit is re-rented.

    Generally, the security deposit cannot be used by you to pay rent owed, or by the landlord for rent owed to him. But forfeiture of your deposit in many states is allowed when breaking the lease early.

    The good:

    Unless there is an early-out clause in the lease you signed, or you can prove they blatantly disregarded your safety, that is.

    Blatant disregard is: failure to secure the keys to your unit wherever they’re stored; broken locks you informed them of before the break-in; they didn’t check their maintenenace person’s background before or after hire (and it turns out it was their employee that broke in); they didn’t ensure all keys to the unit were returned when the last tenant (or tenant before or the one before that…) left the unit, etc.

    General Info:

    You must ALWAYS give written notice–at least 30 days, if not 60 days–check your lease—when you vacate an apartment. Oral notice is generally not ok.

    If you write that you’ll leave by a certain date, then leave by that date, with the apt. left clean and all items removed.

    Specific to you:

    State why you’re leaving in your written notice and incude a copy of the police report you should have filed about the break-in.

    Possible results:

    They may let you leave with no penalty if they fear you will publicize why you’re leaving (ie: keys were in the hands of unauthorized persons, such as their employee or a former renter, when the break in occured). If they do let you go, get it in writing that they are letting you go without penalty from your current lease.

    If they say you can go if you forfeit your deposit, agree to that and get it in writing that they agree not to prosecute you for early vacating of the lease due to the break in. Get them to state in writing that they will give a good reference to your next landlord.

    Pay any loss your lease requires for leaving early if the lease includes such an early-out clause (ie: two months rent as a penalty for leaving early) and get a receipt for that payment. Count yourself lucky and move on.

    OR

    Leave without doing any of the above. Then kiss your credit rating and security deposit goodbye and hope and pray they don’t come after you for non-paid rent and other damages.

    Summation:

    No, it’s not fair. Sort of.

    You signed a lease. A lease is a binding contract. And if you leave early, voiding that contract, the other party to the lease (the landlord) can impose certain penalties on you for that behavior.

    Same for you with them; if they voided the lease by their negligence, go after them. But do it legally, thru the magistrate’s courts under Landlord Tenant Act procedures in place for this. This should cost about $90 to file. They’ll have to pay your costs if they lose.

    Get legal aid or a local/city housing services aid to help you if you need it, or can’t pay to file the appropriate papers on your own.

    If you MUST leave for imminent fear of your personal safety, fine, do so–but back up all you do with the right papers–the police report, letter from neighbor about witnessing keys being used in the break-in, etc.

    Then send notice to the landlord showing copies of these papers, then file the correct legal papers w/the magistrate’s office after that.

    Work thru the legal process, saving your credit rating and rental references in the process…

  22. Guest Says:

    Generally, no–that’s the landlord’s responsibility and the cost of doing business for him. Repainting normally faded or lightly dirty walls is part of standard wear and tear by tenants in rentals.

    Holes in walls are not ok and poor patch jobs are not ok, either; neither is crayon, marker or fingerpaint.

    They may charge you for repairing any of that damage and for repainting over the repairs.

    If it’s in the lease that you have to do this at move out, then yes, you probably do–or you may forfeit your deposit if you do not.

    If you smoke a lot or burn candles a lot–and you’ve stained or discolored the walls by doing do, they may say you have to repaint OR they’ll take money out of your deposit to get it done.

    If you painted the walls a different color at move in, without written permission from the landlord, then yes, you might have to repaint them to the original color OR they’ll take money out of your deposit to get it done.

    Read your lease and see what it says about this; talk to the landlord about it and see what they say.

    Then go from there.

  23. Guest Says:

    If your lease states you have to pay to have the carpets cleaned professionally and provide a receipt to your landlord afterwards, then you DO have to do this.

    If your lease simply states “tenant must steam or shampoo clean the carpets at move out”, then you may be ok as you are.

    Read your lease and go from there.

  24. Guest Says:

    Generally, they have to provide 24 hr notice when entering your unit, unless it’s an emergency (for emergencies, they can generally enter anytime with no notice to you, to fix the problem).

    Showing a unit is generally not considered an emergency.

    Call the office and tell them you want 24 hr notice of their intent to show the unit. Once they provide this, via note on door, in mailbox, on answering machine or by telling you in person, you CANNOT impede their right to enter.

    They do NOT need your permission to come in and you do NOT need to be present for them to be able to come in–that’s the law. They own the property and do have specific rights to that property under certain conditions.

    In this case, they only have to provide 24 hr notice to you that they are coming in to show the unit.

    Reread your lease and see if this info is in it; generally, though, after you give them notice of your intent to vacate the premises, they can give the 24 hr notice to you and then enter– with or without your permission.

  25. Guest Says:

    Yes, they can.

    You signed a 12 month contract and you broke the contract by leaving 3 months in.

    You owe them 9 month’s rent plus interest and damages OR you owe them rent until the unit is re-rented to new tenant.

    Reread your lease.

    If it didn’t say you could leave early without penalty (called an early-out clause), then you are stuck.

  26. Guest Says:

    They don’t have to

    All they have to do is show it.

    IF someone shows up to see it.

    YOU and SHE are responsible for the rents until a new renter moves in and begins paying rent in these units.

    They don’t have to pay for ads, they don’t have to put out signs, they don’t have to clean tnit he uand pretty it up to be sure and snag a drop-in who comes calling unexpectedly.

    I would suggest that you and she list a free “for rent” ad at craigslist.org, go put up signs locally and use word of mouth to get as many possible renters in to see these places.

    Keep track of who you see going in and out and call the office when you do see this, so they know you’re keeping track of this process.

    They know they don’t have to go out of their way to secure a new tenant, legally. They just have to let anyone who comes to see it, do so.

    So, in their minds, I bet their thinking is: legally, if I don’t have to go out of my way, why should I? I get paid right to the end, anyway.

    Now, if they are refusing to show the units when asked, or are telling callers there aren’t any units available, then they CANNOT legally do that.

  27. Guest Says:

    How old is it?

    Was it like that at move-in (and can you prove that) or, did it happen while you were there?

    I used to manage a large property and this is what we did:

    If 5 years old or less, you’re responsible for repair or complete replacement.

    If ten years or under, you’d pay a prorated amount, segmented into tenths, approx. 1/10th for each year of age of flooring, to repair or replace it.

    If ten years or older, generally, courts will say “too bad”—to the landlord. It’s old and that’s expected at its age. Same thing for carpet.

    Now, if it’s ceramic tile, you’re in trouble, as that life expectancy is generally upheld to be 15 to 20 years under normal wear and tear.

  28. Guest Says:

    Notice of your intent to vacate the unit is required in almost every state in the US, regardless of the reason you are going.

    Most states require written notice of intent. A simple written statement you both signed, saying “we intend to vacate unit x on such and such a date”, with a forwarding address, is usually sufficient.

    And, the management or owners are usually required to give you either 30, 60, or 120 days notice (depending on the state), of the intent to convert to condos or to sell the building.

    Sorry.

  29. Guest Says:

    Yes, they can.

    If the damages done to the unit while you occupied it, amount to more than the deposit itself, then yes, they can.

    They have to state in writing what the damages are and how much they are charging for each item.

    They can then invoice you for that extra amount and pursue you in court. They can also report you to the credit agencies and give you a bad rental reference, if you do not pay up.

    Schedule a walk thru with the management at move out and agree together what the damages to the unit will be.

    That’s your best bet, if you did the damage.

    Sorry.

  30. Guest Says:

    Tell the landlord you did it and ask them to come look, to see how bad it is.

    Offer to pay to fix that specific portion of the carpet with a patch job, or similar small and inexpensive repair.

    Tell them you want an estimate for the cost of the repair before you’ll pay for it.

    Do not agree to replacement of the entire carpet.

    Put in writing that you agree to only pay for the small area requiring repair, especially if the carpet is old or in bad shape already.

    Keep a copy of that letter so they don’t try and charge you at move-out.

  31. Guest Says:

    Generally, yes.

    Small nail holes are usually ok.

    Screw holes, wall anchor holes, dings, gouges and huge gaping cracks are not ok.

    Unless the lease says you cannot hang pictures or put holes of any kind in the walls, that is.

    If that’s the case, then they can charge a small fee for each repaired and repainted area of wall.

  32. Guest Says:

    Our apartment is trying to charge us a 100$ for gate remotes that we turned in 2 days after move out. They said they were due at time of move out and not 2 days later. There is nothing in the lease or anything in writing that we signed stating we would be responsible for any remote fees. This is pretty much a charge they came up with. I asked for them to show some sort of documentation showing that they are advising current and future tenants of these possible charges and they have nothing. They refuse to remove the 100$ charges. I even asked for the remotes back (even though they wouldnt work its principal now) they already stated they issued it to someone else… what can we legally do about this?

  33. Guest Says:

    Help! i moved out of my apartment and they sent me an invoice for cleaning and carpet replacement due to “severe stains”. they are charging me almost $1200.00. i think this is way too high for cheap carpet they put in and for one living area and stairs (the bedrooms were fine). i don’t dispute that there were stains, only the amount they want to charge me. do i have any recourse?? they have already sent me to collections.

  34. Guest Says:

    Check your state law, most apartments are required by law to change the carpet every 2 years. See if you can found out the last time it was changed,

  35. Guest Says:

    During move out I gave new address, management levied some charges and tried to inform me by sending a letter but they sent it wrong address.So I haven’t received any communication from them and finally it was sent to collections.

    Is there a way to deal this situation?

  36. Guest Says:

    It is my understanding that giving 30 days notice is sufficient enough time when giving notice to move out. My apartment complex on the other had has stated that I have to give 60 days notice. The only problem with this is that when searching for a new home to move to, leasers will not hold an apartment, house, or anything for longer then 2 weeks. I being forced to sign be on a month to month, at a hire rate, becuase the apartment complex wants me to accomodate them with a 60 days notice. I can not imagine how this condition is finacial feasible to anyone, let alone myself. Nor do any managers of other complexes or leasing agents accomodate this 60 day notice period by holding your home of interest for longer then 2 weeks. It is impossible to find some where to move to 60 days prior to move out. I have yet to understand the justification on this matter. What can I do to legally rectify this situation? As I do not want this to be a credit issue. I signed a lease for 12mths that ends at the end of feb. and should not be forced to stay longer then the lease entended.

  37. Guest Says:

    we lived in a place for the full term of our lease (one year)with three kids and three adults. the land lord did not have a written checklist. she is claiming that we damaged the carpet enough to have the thing completely replaced.the carpet came from a house that she had purchased and we (the tennants)put the carpet into our rental. now she is taking us to court over the cost of a new carpet ($2,300) can she do that? The carpet was only dingy do to normal wear and tear.

  38. Guest Says:

    check your lease to see if you had to have to carpet cleaned before you moved out. if so clean it maybe thats all it needs also was there a walk threw done before you signed your lease and any mention of the carpets conditions? was anything put into writing about you installing it?was any pictures taking. take some before you move out . i am a land lord but a honest one. make her show you the damaged carpet and take pics in case of court battles good luck

  39. Guest Says:

    Check the laws in your state. At my apartment community our lease stated at one time that a 60 notice was required, however, one resident changed that by threatening to get a lawyer… In my state a 60 day notice wouldn’t stand in court. The property owner has since changed it to 30 days.

  40. Guest Says:

    My stove was used when we moved in 2yrs ago. How often do they have to replace stoves? Will they charge me for cleaning it?

  41. Guest Says:

    we are moving out of our apartment and our landlord told us before we moved in that one of our responsibilities was to take care of the cleaning of the carpet now he is telling us that he will have someone come in and clean the carpet and take it out of our deposit and not to clean it. Can he tell us not to clean the carpet and charge us for the cleaning?

  42. Guest Says:

    Very unfair treatment, long post. I have been renting an apartment in Central California for nearly 10 yrs (it will be 10 yrs in 2 more months). During the time here maintenance has been pretty unimpressive. I won’t give permission to enter because my apartment was broken into with no sign of forced entry within 5 weeks of moving in (this happened at a couple of my neighbor’s as well). Each time I’ve submitted a work order, it basically gets ignored. After waiting, sometimes several weeks, I call to find out the status of my w.o. I am told that I need to give permission to enter.

    Fast forward 10 yrs down the road. I have been sick since shortly after moving into this place (so sick in fact that I went from having a FT job and going to school FT, etc to being on SSDI and on bedrest a majority of the time). My kids have been sick as well. I didn’t really put two and two together until someone pointed out that all of these “weird” things that had been going on with my apartment were very likely due to moisture damage. This was after he saw a substance causing drops on my ceiling that he said was from mold.

    I immediately informed management/maintenance. They assured me it would be taken care of (oddly enough, I believed this). They have done nothing but come in and either give lame excuses/explanations for things (strange amber colored drops coming through ceiling during rainy season??) I was first told that it is “mildew from not cleaning the ceiling good enough”, then “it is oils from cooking, they get in the air and then float up and get trapped on the ceiling” (to which I responded “then why isn’t it on the kitchen ceiling instead of the living room ceiling?”) Finally he climbs up on a ladder and sprays the substance with something and starts trying to scrub the entire area claiming ..are you ready for this..that it is “KETCHUP”!

    After getting nowhere with the apartment staff, I called code enforcement. The window sill in my kitchen (A rather large window) had a hole in the corner where the wall was pulling apart/separating in the corner somehow. She wrote them up for a number of things. Since then, they have come in and done very poor cover-ups (spackle over the hole in the window sill, spackle covering the 3 ft long strips where drywall tape is separating, a totally mismatched tile to replace one in the kitchen that cracked) and other odd things. The strangest being, after going up into the attic crawl space in my bathroom to “prove” to me there was no water damage (suited up in yellow plastic overalls and a heavy duty respirator), the maintenance man came back and sealed the opening to the crawl space shut..with caulking!??? An odd thing about this being that he “accidentally” left his ladder in there when he went in to address an odd “growth” coming out of the wall. (there was a spot about the size of a quarter that looked like something was pushing out of the wall, he scraped the cracking paint and it was black underneath, so he spackled it and left) Then when he came back to get the ladder, he was in there a few minutes and came out. When I went in my bathroom later I noticed this very bright white seal around the opening.

    I am concerned after an incident yesterday, where they brought in a maintenance supervisor from their regional company, that they are going to try to evict me and blame things that are completely false on me.

    After my calling management to complain about how unprofessionally he and his staff were behaving towards me, he started making remarks about how I had “obvious pet damage”.

    He was incredibly rude/disrespectful. I called management to complain (I had told the entire crew of 4 men that came to fix the glass of the window, [that was cracked by the "professional" window guy they hired at the requirement of code enforcement to replace the entire window frame and all] that if they were going to be rude and disrespectful that they needed to leave my apartment, they ignored me. They were making rude comments because I needed the area they were working enclosed/contained for my health and safety and had a letter my doctor had written to that effect. They brought in a flimsy plastic sheet (that was nowhere near the 6ml required for proper containment) taped it to the ceiling and left it blowing all over everywhere from the wind coming through the open window. During this entire time they were commenting on how “ridiculous” it was, etc.

    The maintenance supervisor kept making remarks to the other men about how their was obvious pet damage and how it was nearly impossible to breathe, then started very obviously “fake” coughing. Then at his urging the other guys started doing the same as he said “I mean I can’t even breathe in here” and he said “can you guys?” They all pretended to cough and walked outside. It was all so ludicrous. This happened after I called to complain to management. Later I called again and told her that I would be calling the corporate office to file a complaint. Upon hearing me say this, the maintenance supervisor snapped at me “oh yeah, well you better call a lawyer!” In the middle of my conversation I was having with management, informing her that he is very unprofessional and disrespectful to me and that I don’t know if he treats other residents this way, he popped his head around the corner and said “ONLY YOU”. I know she heard him, he was very loud. She of course is playing dumb about all of it. They were doing all of this right in front of my 14 yr old daughter.

    On top of management and maintenance, code enforcement and an inspector from the housing authority have all been in my apartment in the last 2 months. Never once was anything said about “pet damage”. Now I am concerned that they are going to try to pull something. He actually said to one of the maintenance guys in reference to my complaints about the visible mold in the window sill, “have you tested?” the other guy replies “for what dust??” and laughed. The supervisor said “I mean at least that would help you get rid of your problem…if you know what I mean” as he nodded in my general direction.

    After living here 10 yrs can they charge me for the carpets and such? I mean this place is falling apart! We live next to a railroad track, our building receives the equivalent of mini-earthquakes several times a day..every day. I have neighbors that have way more obvious water damage, etc. I was told point blank by the planning commission that they use the cheapest materials possible to build multi-unit complexes such as this one.

    I already can’t afford to move, but I will find a way. I just need to be sure they can’t stick me with a bunch of bogus charges when I leave.

  43. Guest Says:

    Speaking for a landlord, she rented out one of her apartments on a month to month basis $350 plus $350 deposit. The lady was very anxious to move in and showed the apartment w/1 bedroom. When asked if she had kids, she stated she was divorced and had 4 teenage boys but that they lived with their father and would only be in and out to visit her now and then but would not stay overnight ever. Her name being only one on lease. From the first day she moved in her boys were there with their other teenage friends when she was home ….and when she was at work……and her son and sometimes sons spent the night almost every night. When landlord comfronted her she did not like it and her 17 year old son literally cussed landlord with very fowl language and would not quit (I was witness). Landlord said “that’s it, I don’t have to take this type of abuse, and whether he is your son or not I am going to the police and tell them he is no longer allowed on or in this property”. Also, when first moved in there was a noticeable gas odor from stove and landlord was out of town and I called her and she had me call someone to shut gas off and fix it. Well it got shut off but not fixed for over a week because she or the boys would not let me or anyone back in nor answer the door when I knew she was there. I called landlord and told her to call the gas company and she did and within the hour they were there and wanted me there in case she wouldn’t answer the door and I had a key. She was home and this time answered the door and the gas company shut her completely down. That night I reached a professional to fix it next evening when I got home from work and it costed the landlord $300 for the repair which was a new gas line and labor of 2 men for 1 1/2 hours. She said she had a headache for 4 days from the original smell in the house and I told her if she would have let the right people in she would not have. She came to the landlord yesterday with her mother and said she was having problems at work and could not pay the rent which was due today 8/19 and her mother threatened landlord she would turn her into the fire marshall because her daughter got deathly sick for 4 days from gas which was a lie. She was yelling at the landlord and told her her daughter would be moving out and wanted her security deposit back now…….landlord told her she would get it when she moves out. They didn’t say when she would be moving and the lease states a 30-day written notice is required sent certified to landlord. I copied a “renew” or “vacate” form off internet for landlord last night and told her to put it in the renters mail box so she can let landlord know what she planned on doing and when. Well approximately 6 pm tonight 8/19 I saw a truck there and the boys loading things up and I asked them if their mom was moving out and he said yes, so I asked for my curtains and fan back that I loaned her and the boy gave them to me and I went in to tell landlord 2 doors away, that she was moving out. What the landlord is wanting to know is that if the renter brings over the keys before midnight tonight (term of 1 month lease expires) and demands her security deposit back does landlord have to give it to her? Even if she brings with her the written notice to give landlord, she has already gotten almost everything out and didn’t let landlord know it would be this soon. Plus she was breaking the lease the entire month she lived there by letting her sons be there when she was at work and stay all night every night. Landlord is stressed out not knowing what she can do about this and if she can legally keep the security deposit or is she going to be forced to give it back?

  44. Guest Says:

    Owner and prperty management refuse to supply a mail box key,they say thr last tennent took off with key and that i need to get a locksmith $65 to get a key made ?Iam i reponsible for this ?

  45. Guest Says:

    we moved out of a house we lived in for2 years 7 months we repainted all the walls and trim and shampooed the carpets before moving out. the land lord is trying to charge us for professionl carpet cleaning for the entire house( it does not say that it is our responsibility on the lease) and to replace the carpet that is 10 years old down stairs ( because of a few very tiny stains )and to strech the carpet upstairs .also he wants to charge us to replace the 10 year old linolum and for “his time” . we live in texas. Can he do that and what should we do?

  46. Guest Says:

    Someone broke 2 of my windows on my apartment. 1 of them all the way back in july. The management of my complex has told me that it is my responsibility to play “law and order” and find out who did it. And if i couldn’t find them then I would be responsible to fix it before I move out in January. Is this true?

  47. Guest Says:

    excellent comments in both ques. annd answers. Thanks

  48. guest Says:

    Some posts are too long and undesirable to read, But I was wondering about any experiences abaout living in public housing apartments. The provided homes from the government and low income apartments, Thanks

  49. Anonymous Says:

    Unfortunately, i have had the pleasure of moving into an apartment with roaches. I am moving out soon and i don’t want it to happen again at the next place. If i ask the landlord at another apartment before signing the lease if they have roaches there, do they have to tell me, or can they just lie so i move in??

  50. KEN Says:

    I LIVE IN BOISE, IDAHO AND MY LEASE WAS UP, SO I SIGNED A NEW ONE FOR 12-MONTHS. IN DECEMBER I WAS LAYED-OFF. DO TO LACK OF WORK. I WENT TO MY RENTAL H&H PROPETIES. AND ASK IF I COULD GET OUT OF MY LEASE. THEY SAID NO!! A FRIEND SAID I COULD MOVE IN AND TAKE CARE OF HIS PLACE. FOR NO RENT AS LONG AS I TOOK CARE OF THE PLACE UNTILL I GOT BACK TO WORK.
    NOW THE RENTAL PLACE HAS SENT ME TO COLLECTIONS. EVEN THOUGH SOME ONE ELSE IS RENTING MY OLD APT. DO I HAVE TO PAY EVEN IF SOME ONE ELSE HAS BEEN RENTING MY OLD APT. FOR THE LAST 4 OR 5 MONTHS OF MY LEASE??

  51. Roberto W. Suarez Says:

    IF I am going to move-out of an Apartment Complex, DO I HAVE THE RIGHT TO STAY THREE DAYS OF THE FOLLOWING (NON-PAID) MONTH IN THE APARTMENT AND THE LEAVE??????

    I mean, if I don´t tell the manager I am going to move-out ( because I am paying only one month) and then the 2nd or 3th I tell her that I am gonna move, IS SHE LEGALLY authorized to charge me or ruin my credit???????????

  52. Ana Says:

    I live in Houston, Texas and moved out of my apartment May, 31st this year. My landlord told me to hire a steam-cleaning company for cleaning the carpets. I didn’t do it because I had the time to steam-clean the carpets myself and they looked like when I moved in.
    I made a touch-up on the walls, I cleaned all the blinds and fens, I steam-cleaned, cleaned the baths and kitchen (included all the appliances) very well. I also purchased new blinds because some were broken. I left it in a very good condition. It looked like nobody lived in it for months. I also made pictures of the apartment for my security.
    Now I get the bill from my old landlord that I have to pay for the steam-cleaning because I company had to come. Remember the carpet looked like when I moved in. Can I tell my landlord I will not pay because I steam-cleaned it by myself and I have prove through pictures that the carpet looked like new?
    The other thing is that he also sent me a water bill over 50 dollar. My water bill all the months were normally around 15 dollar. I don’t understand why it is so high now.
    I wanna ask my landlord for my detailed water usage because I think it is way to high.

  53. Bharat Says:

    Never get into Honey Tree or now it’s called as Tuckahoe Creek. The apartments are 25+years old and the current management is pretty unimpressive. They charged $640 as my move out fee for unacceptable reasons. This is in Richmond, VA. Tenants be careful.

  54. Monica Says:

    We signed a 2 yr contract with our landlord, then extended for one more year. Since then, we decided to buy a house instead of renting but our newly extended lease doesn’t end until Dec 2013. Our LL wants to charge us rerent levy of $5000 or $900 per month. My question is, if they find someone to rent the condo, in the next 30-60 days, do I still have to pay the rerent levy? And if I do pay, and they find someone, will I be reimbursed? I’m confused about the recent levy..

  55. JennyV Says:

    If I give a proper 30 days notice and move out on the last day can my landlord continue to charge me rent because no one will be leaving there? The lease states that, but I imagine that would be illegal. We pay so much and they never fix anything. Closet doors were broken, the dishwasher hearing element makes it smell like it’s burning in the house, nothing was clean when we moved in, she knew some blinds didn’t work and didn’t bother fixing it. We’ve brought these issues up, but nothing gets done. We want out because we’re paying too much for a place that’s not worth the hassle.

  56. dee Says:

    we broke our lease due to circumstances but we (the apt complex and I) made an agreeable payment plan to pay it off. Ive been on top of payments and working with them and not finished paying it off but they are now under new managemen. Do I still have to pay them even tho i made agreement with former owner?

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