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SerialTenant

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Posts: 6
Reply with quote  #1 

Husband and I found out I was pregnant and needed a bigger place.  We found one and talked to our current landlord at the time to see if she would allow us to break the lease by 1 month, we vacated by May 14 (May 9th we were actually out) and our lease was supposed to be up June 14.

When we talked to her and she said we could break it we asked if we needed to repaint the rooms we painted, she said no. 

Now, we are getting ready to do our walk through and she said there were issues she had with us, the first being the kitchen wasn't repainted.  When we moved in she said we could paint, so we did, all but one room.  The rooms all flow together but if she wanted them repainted she should have said yes.  We would have done it.  We have had problems with this lady since we resigned our lease for the second year.  Any idea how to deal with her?  She's older, in her 70's probably, and treats us like we're teenagers!  I can see her holding our entire security deposit ($550) because of this "issue".

Marytmary1978

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Posts: 445
Reply with quote  #2 

My 1st suggestion to you is;

always get everything in writing.  If you ask about painting, breaking the lease early  etc-- send it in a letter and request a written response.  It holds up longer than a memory does

 

Next, look up the Landlord / tenant laws for the state you are in.  the laws are very clear about keeping deposits and how the accounting must be done, and the time frame in which it has to happen.  Knowledge is powerful, and you will know where you are at.  If she does not give you an accounting within the time frame that is specified ( usually 30 days - some states less - I think one up to 45 days), then you have the legal right to demand all the deposit back - and some states even say more than just all the deposit.  Be aware that the time is to MAIL it so add 3 days to receive it before you jump the gun.

 

Did you turn over the keys to her on May 9th?  If so that is the day she received possession and the day that you can start counting from.  If you just left the keys on the counter and had agreed on May 14th-- then start counting from the 14th

 

Note: you rental contract most likely says something about painting-- if you elected to change the color to suit you-- then you should have returned it to the original color prior to giving it back.

 

 

 

 

SerialTenant

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Posts: 6
Reply with quote  #3 
I have a letter that I sent to her after the conversation with my husband but I sent it regular mail.  It said, in a nutshell, that she agreed to let us out of the lease 1 month early and that we would not have to repaint the interior of the apartment either.  I sent it 3 days after she spoke to my husband.

Our lease says nothing about painting, it was verbal when we signed the lease.
Marytmary1978

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Posts: 445
Reply with quote  #4 

Next time you send a letter like that- get a "certificate of mailing" when you mail it-- has to be done at the post office.  costs about $1 but it proves that you did send it out, and will hold up in court.

 

I would most likely say nothing more if I were you ( and you do not need the money NOW) and wait to see what she does.  If she does not respond in the allowed time, send a letter demanding your deposit back. (do it with certificate of mailing)

prin1113ci

Registered:
Posts: 86
Reply with quote  #5 

I could give any advice on this as i have never been in this situation before do you have any family .




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