So as a lot of you know I've been having trouble where I live. So I've decided to move at the end of this month. Its going to be tight cash wise but it needs to be done. I'm moving to another apt. I would like some advice on how to deal with my landlord. I told him we were moving and he wasn't very happy. He said we dont get the deposit back because its needed for cleaning. Also things I should look for when looking at apts? Any advice is wonderful. I don't know that much on the subject but I need to learn. Thanks.
im moving.
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Originally Posted By: chevyboy14
I would like some advice on how to deal with my landlord. I told him we were moving and he wasn't very happy. He said we dont get the deposit back because its needed for cleaning.
The best advice I can give you is read your lease. All of it, every single word, phrase, sentence & paragraph. And keep at it until you understand every word of it. Preferably before you sign it, but that ship has sailed for your current place.
I have been able to get out of an apartment twice but did so within the bounds of what was set forth within the legal, contractual framework of the lease I signed... the lease I read over with a fine-toothed comb before I ever signed it in the first place.
I would like some advice on how to deal with my landlord. I told him we were moving and he wasn't very happy. He said we dont get the deposit back because its needed for cleaning.
The best advice I can give you is read your lease. All of it, every single word, phrase, sentence & paragraph. And keep at it until you understand every word of it. Preferably before you sign it, but that ship has sailed for your current place.
I have been able to get out of an apartment twice but did so within the bounds of what was set forth within the legal, contractual framework of the lease I signed... the lease I read over with a fine-toothed comb before I ever signed it in the first place.
Well the one I signed for where I am now I couldn't even read it was so blurry from being copied over and over. It was a one year lease and we have been here 2.5 years so we aren't still under a lease that much I know.
If you start shopping for Apts.
Drive through the parking lot around 6pm after everyone is home from work and Take a look at everyone's cars.
If every single car seems like a 16 year old bought it with money from mowing yards and bagging groceries, then beware. If it is all German Made cars, probably to expensive for my blood.
Look for parking lots that are filled with cars you could own and afford. That is your best guess for who is actually residing in those Apartments.
Oh, and your initial payment is a scam. The Landlords ALWAYS keep it! I've only gotten back a partial payment ONCE, and that is out of about a dozen Apts that I have lived in.
Drive through the parking lot around 6pm after everyone is home from work and Take a look at everyone's cars.
If every single car seems like a 16 year old bought it with money from mowing yards and bagging groceries, then beware. If it is all German Made cars, probably to expensive for my blood.
Look for parking lots that are filled with cars you could own and afford. That is your best guess for who is actually residing in those Apartments.
Oh, and your initial payment is a scam. The Landlords ALWAYS keep it! I've only gotten back a partial payment ONCE, and that is out of about a dozen Apts that I have lived in.
Also check the dumpster area...if its got mattresses and sofas hanging out or around it...it could be a reflection of the other clientèle
If you have been there for over two years, you should be able to get most if not all of your deposit back. Even if the apartment has a couple of things wrong a lot of that could be attributed to normal wear and tear for 2.5 years of living. Also with the problems that you have had it is not unreasonable to drop the security issues on your landlord and that is not a unreasonable request that more security measures should have been implicated, but that would take a commitment on your part to see that through and you decided to move. So if you value your deposit make a commitment and talk to your landlord point out all of your problems with the security of the apartments and make the arguments you have stated before that you believe he is a "slum lord" to get your deposit back but it will take work on your part.
It's reasonable after 2.5 years to expect for some money to come out of the deposit to clean carpets and possibly any damage. Give the landlord your new address and tell him you expect him to mail you a check for whatever's left of the deposit and receipts for what needed to be done.
How much was your now 'non-refundable' deposit? If it was a substantial amount, go see an attorney for advice. If that is too expensive for you do a search on the web. Many times you can find enough information that way to follow a path. You could also ask him if you clean the apartment (including shampooing the carpet), will be then refund your deposit. If he balks at that then he's a jerk anyway. At that point I would not even vacuum the place when I leave nor would I bother cleaning anything since he's unreasonable about it.
Originally Posted By: SuperDave456
Oh, and your initial payment is a scam. The Landlords ALWAYS keep it!
This has not been my experience in any way, shape or form. Yes, the landlord will often try to keep your deposit it but it is your right and duty to hold them to the same document you both signed.
To be fair, I have been living in my house for the past 8 years and aside from a brief 9 months renting in the mid-Atlantic 2 years ago, very happy to never have to deal with landlords again.
Oh, and your initial payment is a scam. The Landlords ALWAYS keep it!
This has not been my experience in any way, shape or form. Yes, the landlord will often try to keep your deposit it but it is your right and duty to hold them to the same document you both signed.
To be fair, I have been living in my house for the past 8 years and aside from a brief 9 months renting in the mid-Atlantic 2 years ago, very happy to never have to deal with landlords again.
I lived in the same apartment for 2 years and got every single cent of my deposit back. Cleaning the carpets for a new tenant is on the landlord, not you. Well, unless they've been completely trashed during your occupancy. Most places don't charge for minor things like pin holes in the walls since folks are hanging pictures up.
Agreed, demand receipts if he says it's for cleaning. Security deposits buy a lot of cleaning...
Agreed, demand receipts if he says it's for cleaning. Security deposits buy a lot of cleaning...
I've never had any issues with getting back a security deposit. The last apartment I rented was in the early 90's and was a new build. New build did not mean a great build. So going in, I took plenty of pictures and sent a letter receipt requested to the landlord. When I moved out, I took pics as insurance. I had the place clean and he wanted $30. to clean the carpet. I figured after three years, that was fair.
Advice: Know your lease, take photos, stay on them.
Advice: Know your lease, take photos, stay on them.
Propflux01
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Most leases automatically renew if your still living tgere or have not given landlord your intent of leave. As for deposit, inspect apt with him present and have him point out items that would null your deposit refund
Whats the main reason why you are moving ?
The following is the "wording" of the security deposit law.
Missouri Revised Statutes
Chapter 535
Landlord-Tenant Actions
Section 535.300
August 28, 2011
Security deposits, limitation--return of deposit or notice of damages, when--withholding deposit, when--tenant's right to damages--security deposit defined.
535.300. 1. A landlord may not demand or receive a security deposit in excess of two months' rent.
2. Within thirty days after the date of termination of the tenancy, the landlord shall:
(1) Return the full amount of the security deposit; or
(2) Furnish to the tenant a written itemized list of the damages for which the security deposit or any portion thereof is withheld, along with the balance of the security deposit. The landlord shall have complied with this subsection by mailing such statement and any payment to the last known address of the tenant.
3. The landlord may withhold from the security deposit only such amounts as are reasonably necessary for the following reasons:
(1) To remedy a tenant's default in the payment of rent due to the landlord, pursuant to the rental agreement;
(2) To restore the dwelling unit to its condition at the commencement of the tenancy, ordinary wear and tear excepted; or
(3) To compensate the landlord for actual damages sustained as a result of the tenant's failure to give adequate notice to terminate the tenancy pursuant to law or the rental agreement; provided that the landlord makes reasonable efforts to mitigate damages.
4. The landlord shall give the tenant or his representative reasonable notice in writing at his last known address or in person of the date and time when the landlord will inspect the dwelling unit following the termination of the rental agreement to determine the amount of the security deposit to be withheld, and the inspection shall be held at a reasonable time. The tenant shall have the right to be present at the inspection of the dwelling unit at the time and date scheduled by the landlord.
5. If the landlord wrongfully withholds all or any portion of the security deposit in violation of this section, the tenant shall recover as damages not more than twice the amount wrongfully withheld.
6. Nothing in this section shall be construed to limit the right of the landlord to recover actual damages in excess of the security deposit, or to permit a tenant to apply or deduct any portion of the security deposit at any time in lieu of payment of rent.
7. As used in this section, the term "security deposit" means any deposit of money or property, however denominated, which is furnished by a tenant to a landlord to secure the performance of any part of the rental agreement, including damages to the dwelling unit. This term does not include any money or property denominated as a deposit for a pet on the premises.
So with this information I would talk to your landlord and have him inspect your apartment before you move out and tell you what he wants replaced or cleaned. If this is going to be a good part of your deposit have him provide receipts to you this is outlined in law.
All that being said after living in my apartment for 5 years my landlord just refunded my entire deposit. I had paid my rent on time did not cause trouble and as a "reward" for being a good tenant I got my entire deposit back the way he looked at it, I provided plenty of worry free income for him and what ever was wrong with the apartment including the carpet would have normally been replaced anyway during or soon after I moved out anyways.
Missouri Revised Statutes
Chapter 535
Landlord-Tenant Actions
Section 535.300
August 28, 2011
Security deposits, limitation--return of deposit or notice of damages, when--withholding deposit, when--tenant's right to damages--security deposit defined.
535.300. 1. A landlord may not demand or receive a security deposit in excess of two months' rent.
2. Within thirty days after the date of termination of the tenancy, the landlord shall:
(1) Return the full amount of the security deposit; or
(2) Furnish to the tenant a written itemized list of the damages for which the security deposit or any portion thereof is withheld, along with the balance of the security deposit. The landlord shall have complied with this subsection by mailing such statement and any payment to the last known address of the tenant.
3. The landlord may withhold from the security deposit only such amounts as are reasonably necessary for the following reasons:
(1) To remedy a tenant's default in the payment of rent due to the landlord, pursuant to the rental agreement;
(2) To restore the dwelling unit to its condition at the commencement of the tenancy, ordinary wear and tear excepted; or
(3) To compensate the landlord for actual damages sustained as a result of the tenant's failure to give adequate notice to terminate the tenancy pursuant to law or the rental agreement; provided that the landlord makes reasonable efforts to mitigate damages.
4. The landlord shall give the tenant or his representative reasonable notice in writing at his last known address or in person of the date and time when the landlord will inspect the dwelling unit following the termination of the rental agreement to determine the amount of the security deposit to be withheld, and the inspection shall be held at a reasonable time. The tenant shall have the right to be present at the inspection of the dwelling unit at the time and date scheduled by the landlord.
5. If the landlord wrongfully withholds all or any portion of the security deposit in violation of this section, the tenant shall recover as damages not more than twice the amount wrongfully withheld.
6. Nothing in this section shall be construed to limit the right of the landlord to recover actual damages in excess of the security deposit, or to permit a tenant to apply or deduct any portion of the security deposit at any time in lieu of payment of rent.
7. As used in this section, the term "security deposit" means any deposit of money or property, however denominated, which is furnished by a tenant to a landlord to secure the performance of any part of the rental agreement, including damages to the dwelling unit. This term does not include any money or property denominated as a deposit for a pet on the premises.
So with this information I would talk to your landlord and have him inspect your apartment before you move out and tell you what he wants replaced or cleaned. If this is going to be a good part of your deposit have him provide receipts to you this is outlined in law.
All that being said after living in my apartment for 5 years my landlord just refunded my entire deposit. I had paid my rent on time did not cause trouble and as a "reward" for being a good tenant I got my entire deposit back the way he looked at it, I provided plenty of worry free income for him and what ever was wrong with the apartment including the carpet would have normally been replaced anyway during or soon after I moved out anyways.
Originally Posted By: sciphi
I lived in the same apartment for 2 years and got every single cent of my deposit back. Cleaning the carpets for a new tenant is on the landlord, not you. Well, unless they've been completely trashed during your occupancy. Most places don't charge for minor things like pin holes in the walls since folks are hanging pictures up.
Agreed, demand receipts if he says it's for cleaning. Security deposits buy a lot of cleaning...
Agreed. I use to clean carpets in apartment complexes. $45 bucks at most was the charge for a simple clean. If it was trashed and needed a full restoration, maybe $150 to $200 tops depending on if it needed to be dyed.
I lived in the same apartment for 2 years and got every single cent of my deposit back. Cleaning the carpets for a new tenant is on the landlord, not you. Well, unless they've been completely trashed during your occupancy. Most places don't charge for minor things like pin holes in the walls since folks are hanging pictures up.
Agreed, demand receipts if he says it's for cleaning. Security deposits buy a lot of cleaning...
Agreed. I use to clean carpets in apartment complexes. $45 bucks at most was the charge for a simple clean. If it was trashed and needed a full restoration, maybe $150 to $200 tops depending on if it needed to be dyed.
gathermewool
Site Donor 2025
Originally Posted By: bepperb
It's reasonable after 2.5 years to expect for some money to come out of the deposit to clean carpets and possibly any damage. Give the landlord your new address and tell him you expect him to mail you a check for whatever's left of the deposit and receipts for what needed to be done.
Clean the carpets yourself.
Read your state's landlord-tenant statutes.
In CT, they cannot:
1. Add anything into the lease that conflicts with landlord-tenanant rules. One friend, her landlord tried to keep her deposity because she wanted to leave before finding him (landlord) a replacement -- the replacement also needed to be a female. She was month-to-month, so that (and other stipulations) called out in the lease were illegal.
2. Normal wear and tear, such as carpet wear, are not deducted from your deposit. Unless you broke something that was functioning normally when you moved in (and is not something considered the owner's responsibility,) you are entitled to get your full deposit back, including interest -- the deposit is required to be deposited into an interest-bearing account. If you gave $500, you will receive back MORE THAN $500 back. Something that could break, but not come out of your own pocket includes leaks, broken windows due to storm damage, etc. Something that would come out of your own pocket includes holes in the wall, broken object due to abuse and any other things not considered wear and tear. Even if there are stains in the carpet that you caused, replacing the carpet may not be your responsibility if the carpet is 20 years old.
Also, if your lease has expired and you have not re-signed, then you are month-to-month -- you can move out when ever you want.
As with any new place, take lots of pictures. Some places will walk through with you and note deficiencies. Make sure to pay attention and have everything documented. If you sign the inspection saying everything is good to go and you know there's a hole in one of the walls, then they could technically go after you for it.
It's reasonable after 2.5 years to expect for some money to come out of the deposit to clean carpets and possibly any damage. Give the landlord your new address and tell him you expect him to mail you a check for whatever's left of the deposit and receipts for what needed to be done.
Clean the carpets yourself.
Read your state's landlord-tenant statutes.
In CT, they cannot:
1. Add anything into the lease that conflicts with landlord-tenanant rules. One friend, her landlord tried to keep her deposity because she wanted to leave before finding him (landlord) a replacement -- the replacement also needed to be a female. She was month-to-month, so that (and other stipulations) called out in the lease were illegal.
2. Normal wear and tear, such as carpet wear, are not deducted from your deposit. Unless you broke something that was functioning normally when you moved in (and is not something considered the owner's responsibility,) you are entitled to get your full deposit back, including interest -- the deposit is required to be deposited into an interest-bearing account. If you gave $500, you will receive back MORE THAN $500 back. Something that could break, but not come out of your own pocket includes leaks, broken windows due to storm damage, etc. Something that would come out of your own pocket includes holes in the wall, broken object due to abuse and any other things not considered wear and tear. Even if there are stains in the carpet that you caused, replacing the carpet may not be your responsibility if the carpet is 20 years old.
Also, if your lease has expired and you have not re-signed, then you are month-to-month -- you can move out when ever you want.
As with any new place, take lots of pictures. Some places will walk through with you and note deficiencies. Make sure to pay attention and have everything documented. If you sign the inspection saying everything is good to go and you know there's a hole in one of the walls, then they could technically go after you for it.
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Good luck Chevyboy. I hope you can get your security deposit back. Several years back, I rented an apartment month-to-month and after one month, the landlord kicked me out because he found someone who would sign a year-long lease. My bad luck I guess, but what really was a kick in the pants is he kept the security deposit as a "cleaning fee." I had only moved in two weeks prior to being "evicted" but he said the apartment needed cleaning. Yes, it did, but before I moved in. So I essentially paid two months rent for one month of living. To say I was steamed is an understatement but I was young and didn't read the fine print. I had words with the landlord on three separate occasions but to no avail. Lesson learned.
My lease is 18 pages long so I'm (unfortunately) very familiar with strict terms and the legality of them.
Do not get into the weeds with the landlord until you have secured a place to go. You will likely need the reference.
Once your secured in a new lease negotiate the security deposit. Arent you a cleaner by trade?
What were the terms regarding security deposit refund? What is the interest on the original deposit? Your deposit grew during that time.
Do not get into the weeds with the landlord until you have secured a place to go. You will likely need the reference.
Once your secured in a new lease negotiate the security deposit. Arent you a cleaner by trade?
What were the terms regarding security deposit refund? What is the interest on the original deposit? Your deposit grew during that time.
I was also a landlord years ago in MA. Here the tenants have all the rights. In this state security deposits must be retained in escrow, interest on the deposit reported to the IRS. Failure to do so results in fines. I suspect he failed to retain your security deposit in escrow so he doesn't have it to refund to you. There are pro bono lawyers that look out for little people. Suggest you get advice from them for your state.
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