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We're not charging them because of faded paint or natural wear and tear. The reason we have to repaint all the ceilings is because they felt compelled to change the paint color in the whole house and they did a lousy job, getting wall paint on the ceiling in every room. The tenant even pointed it out to me at one point and said they would touch it up, which they did not.
From my experience living in a townhouse, we were not allowed to make any changes to the exterior (except for plants, not including grass) and we were not allowed to change any fixtures or paint the walls any colour other than white. Certainly a pain, because they wanted uniformity, but I believe that there should be changes allowed as long as the landlord okays it.
I do agree oneTV that you really should consult with your state law & a real estate attorney. Most states require a landlord to repaint and just because they repainted it (albeit very sloppily), if they took you to court for that deposit, you may not win, plus you'd be required to pay court costs & possibly any punitive charges.
Our tenants repainted; we told them they could, but we didn't specify colors and when we consulted with an attorney - even though they violated the lease & technically we could toss it out - the attorney told us it was a sticky area. When they leave (if they leave - they've gotten MUCH better) they do not even have to paint it back; though they do have to replace the carpeting they ripped out.
I found this "case" on line.
It's in California though from the Tenant's point of view.
Hi, I saw that someone had written and received an answer to his tenant question. Here is mine in the hope I might receive some advice.
I rented a home in Redwood City for 21 months. I signed a lease that expired after the first year and was not asked to sign for another year. I gave one month's notice. My deposit was $2,000.
I thoroughly cleaned the house, including the bathrooms, the refrigerator, stove and oven, all cabinets, window sills, floors, and filled-in and sanded and repainted holes where I had pictures hanging.
I, along with two other people, did this work for eight hours.
My original agreement with the landlord called for the return of my deposit within seven days or an accounting.
It has now been nine days and I have not gotten the money or any idea of what they are planning to keep.
When I moved in, I asked if I could do some painting as I didn't like to live in all white rooms and was told that I could.
As of last week I was told they liked my decorating and were not going to paint over the colors I had chosen.
Now they are saying that they have to have the whole interior repainted.
I am 62 years old and need that money.
What can I do?
Mary Evans
Redwood City
A Under California law, Mary, the landlord had 21 calendar days to return your deposit or tell you what deductions he made, if any. He must have receipts.
If the landlord misses the 21-day deadline, he forfeits his right to make any deductions and must return to you the full $2,000.
If you need some more help on this, you can contact Project Sentinel at 408-720-9888.
Also, as a renter, you should know all the rules. You can find them at http://www.dca.ca.gov/publications/l.../index.shtmlat.
Gosh I wish I had read all of this back when husband and I were still renters!
We always left our apartments with plenty of notice and very very clean.
We would even wash our walls and steam clean the floors!
Not once ever have we gotten a single dollar of our deposits back.
I had an issue with a landlord in the apartment I rented, and found the government resources to be INCREDIBLY helpful. I expected ahead of time that there'd be a problem getting my deposit back, because I had friends who lived in the same complex, and they had problems. He tried to charge for painting and carpet, which was agaisnt the law in Ohio. My friend did all sorts of research on how to get the money back, but unfortunately, she had cashed her check (he returned part of the deposit) first, and that forfeited all her rights to challenge him. So she held on to all her research for me, and we made it our mission to get 100% of my deposit back.
As expected, he held money for steam cleaning the carpets, and a few other petty cleaning issues (such as saying the dishwasher was dirty ... I had actually discovered the cover film had never been removed from the dishwasher when it was installed, and removed it when I moved out - that's how clean it was, but he tried to charge me for cleaning). I used a letter which my friend had gotten off a county website for tenants rights, which threatened him with court if he didn't return the deposit - citing the applicable code, etc. He had 7 days to respond to my letter -- in 3 days, I had a check for the full deposit amount.
City, county, and/or state governments have resources for renters who need advice on their rights. They are VERY helpful.
It depends on the situation, Veruka.He tried to charge for painting and carpet, which was agaisnt the law in Ohio.
Our house is in Cleveland, and if an animal had ruined the carpeting or they had to get special cleaning and an animal deposit wasn't required, the landlord CAN w/hold part of the deposit to cover that.
In our case, they ripped out the carpeting in the master bedroom w/o our permission (claiming it was dirty), but I had it steam cleaned after we left and I have pictures to prove it. So unless they replace the carpeting (to a color of our choosing), we can legally w/hold the deposit. But they're probably going to buy the house anyway, then it won't matter.
I am having an issue right now with the woman who lives above me. The apartment building is just two stories and is very private and quiet. Most of the time, that is. The woman above me stomps and drops stuff constantly (seriously, it sounds like she drops bowling balls just for kicks!)... and by constantly I mean everywhere she goes she stomps like an elephant wearing high heels for the first time. I have tried leaving her notes asking if she could try to keep it lighter but she hasn't. I'm at a loss as to what to do now. If it were during the day or something I wouldn't mind as much but her stomping wakes me up at 1 or 2 am several times a week! Is this an issue that I am able to talk with my landlord about or will they just think I'm being whiny?
You have already left one note. Did you keep a copy and are they dated? If not, I would leave another dated note and keep a copy as to when you left it. If nothing changes, then I would mail her a registered letter and give a timeframe that you would like the noise stopped or diminished. Then if nothing changes - WRITE the landlord and enclose copies of your note, letter. If nothing changes then, you should have some city agency you can contact who will contact the landlord.
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