Discussion in 'BlackHat Lounge' started by JesterJoker, Jun 30, 2009.
If you don't have a lease then the owner can ask you to move at any time but I believe that if you have lived there for more than one year they must give you a 60 day notice and if under one year a 30 day notice she cannot just throw you out. She can sue you no matter what whether she is right or wrong but you will have to present your case. You may have to pay to replace blinds ad possibly some cleaning like carpet and painting but you are not liable for the full cost of any normal wear and tear on paint or carpets even if they are thrashed after 6 years they will be no matter what as matter of fact I believe after 2 years they must repaint the apartment before renting it out again anyways. If you have pictures from when you moved in that could save your ass but you should definetly clean it up and take pictures before you leave so if you do go to court you will be prepared to make a good argument. But in my opinon if you lived there for six years and she recently took control of the property then there is no way that she can prove what the condition of the proerty was before she took control and cannot hold you respnsible. anyways good luck brotha...
A couple things actually...
1) Clean everything floor to ceiling. Use spackle on any holes in the walls, ReNuzit makes a great carpet spot treatment. Clean it all, then do it again, then do it again. Make it so clean that she can't say "but what about the ....."
2) Buy a couple "throw away" cameras (real film cameras) and take detailed photos of everything with one of them.
3) Take another round of photos of everything their "buddy" repaired, with detail. Write it all down, document it completely. Include statements from neighbors, friends who were visiting when the repairs were made, or before. If you can get something (even a recorded phone call) with their "buddy" that repaired stuff even better!
4) Take it all to an attorney (including the note she left you) and spend the $200 for him to review it, and if necessary for him to write a "Cease and Desist" letter if she threatens you again.
Make sure that if she sends you another letter, note, whatever to not respond to her directly. Do it through your attorney. He'll send the "Cease and Desist" letter warning her that you have documentation of the condition of the apartment, that she has no claim against you, and that if she should decide to follow through on her threat that you intend to countersue for the maximum legal damages in the most aggressive way possible.
99% of the time that would be the end of it. If she's nuts nothing you do will stop her... But your preperation will ensure she won't get away with it.
Landlords can pretty much evict tenants whenever they want and for whatever reason, and you can't do anything but find another apartment. Basically it's their house and if they don't want you living in it, they don't have to let you (unless you have an active contract, in which case she would have to take you to court to evict you).
But as far as her suing you for damages, there is a very, very low chance of that holding up in court. Even if you actually did the damages yourself it would be very difficult for her to get you to legally pay it. The damage deposit is pretty much the only security the landlord has. 7 years is a long time for a carpet's life, typically carpets are replaced after every tenant (even if its just a 12 month rent).
I know because my family has been in the real estate business for years...
EDIT: The above responses are wrong. I've done work cleaning up apartments after dirty as hell people lived there. Everything imaginable can be left behind (and has) - mounds of tens of thousands of cigarette butts, burnt floors and walls, milk cartons that expired 11 months ago, rats... You don't have to do a damned thing. You can spend a month taking a shit everywhere and when moving out the landlord will have to clean it up.
Don't get legal advice from here. All states are different and define their rules in a "Landlord Tenant Act". Search online for the one for your state. It will answer every question you have asked.
yah that was my general assumption.
The only carpet in bad shape is living room.. theres a permanent wear pattern coming from bedroom across living room.... .. and from the kitchen coming into living room..
you enter the apartment in the kitchen. Everytime you need to piss you have to walk through the entrance coming into kitchen.. because bathroom is on other size of kitchen area.
I figured that if she sues me its small claims court and after the code enforcement report gets put out on to the table with pictures of how she kept the property physically on the outside and structure, she will have a hard case to get any money.
She will be going by what the landlords brother says.. but thats hearsay anyway. Theres a downstairs neighbor but thats the idiot doing all the repairs, and he will defend this bitch to the end probably...
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