What should I do with this situation with a landlord ?

Question

Hi everyone! I’m from Wisconsin!

I gave a 30 days notice to my current landlord and she was trying to make me to pay next month. We’re month to month agreement since my 6 months contract ended this June. She told me a a day ago by text that she is showing the property this Saturday and I told her that I have people coming over but she just ignored me. Today , when I got home from work she left two notices telling me that she have people comimg over to see the property on two different days. I called her to inform her that my neighbors from downstairs are smoking and the odor is going upstairs (to my apartment) and she rejected my call. To me it seems that she is up to something so she can keep my deposit. The reason I’m moving is becase she takes for ever to take care of the maintenance of the property.

I feel that she’s going to try to keep the deposit...

What should I do if she doesn’t return my deposit? Is ok to have her bringing potential tenants even though I don’t her I have people coming over on that day?

Patricia Steiner · Answer

Norma, there are landlord-tenant laws regarding a landlord's access to a rental unit:  "A landlord has to give at least 12 hours advance notice, in order to enter for inspections, repairs or showings. A tenant can choose to allow the landlord to come in with less than 12 hours notice. A landlord must always announce him/herself before entering the unit."

As far as your security deposit, make sure that the unit is being surrendered to the landlord when you leave in good condition.  Take photos of the unit empty and make sure the photos are dated/time marked. It needs to be broom swept cleaned - free of trash and clean.  Issues such as another tenant smoking odor entering your apartment should be documented providing clear detail on who the offending party is prior to your departure.  Did you just bring this issue up? You might want to have a credible witness such as adjoining neighbor collaborate your account so it doesn't appear that you're covering up a lease violation. Do a final walk-through with the landlord so both of you together can finalize the departure; offer to compare any photos the landlord had when you moved in with the ones you have taken.

I hope you'll accommodate the landlord's showing requests; she is the greater stakeholder here and is trying to minimize her financial loss with your departure.  You would do the same thing. You and your friends can step out for a few minutes without making it into a major deal.  Also, return the property in the condition it was given to you as a tenant. Do the right thing and empty all your possessions on/before the departure date, take/empty the trash, leave the appliances and unit clean, and take photos of how you left it.  Be respectful. Don't misinterpret the landlord's action as attacks against you. She's within her rights as the owner and landlord to do what she is doing.

Best wishes in your move...

Steve B. · Answer

@Norma E. Vega Sanchez. Be reasonable with her and Take photos and document everything, including texts and emails.  If she keeps your deposit you take her to small claims court to get it back. Judges don’t look favorable on landlords pulling stuff like this.  She will likely return your deposit as soon as she gets the court summons

Michael Randle · Answer

Hello Norma,

Most of your questions are very situational to a) Your State/County/Town and b) your lease.

First is the showing of property. Does your lease say anything when it comes to showing property? If it doesn't then check with your local laws. Now if it DOES say that she can show the property, and did give you proper notice, and the lease states such. There isn't much you can do, regardless of people being over or not. If this is the case I would text and email asking for an eta, something like "Hey I know you have people coming over to see the house...in order to not be in the way if I can get a time frame so I can be gone to help the showing that would be greatly appreciated bla bla bla". Something along the lines of "Let me know when, so I can help you". This probably isn't what you wanted to hear but will at least give you some sort of heads up.

Now the deposit is going to depend on your lease. There is probably something in there about locks, cleaning, painting etc that will be taken out of your rent regardless. Locks need to be changed, some landlords want a professional cleaning service before handing over to a new tenant etc. If she tries to overstep with the smoking, I would keep records of Emails mentioning the smoke, or text messages (printed from your wireless carrier) stating you brought up this (and any other) issues well before you moved out. That way if she tries to take more out of your deposit, you can point to the fact you have mentioned the issues well before moving out and she didn't try to fix.

What Patricia said about photos etc is a great idea so she cannot claim you trashed the apartment.

Hope this helps.

Wayne Brooks · Answer

The landlord has a right to show the unit to prospective tenants....it doesn’t matter if it fits your schedule or if you aren’t home.

Also so you know, “30 days notice” doesn’t mean just 30 days, it typically means at least 30 days notice Before the 1st of the month, effective the 1st of the following month (not 30 days notice given on the 5th of the month for the 5th of the following month).

If they improperly keep part of your deposit you take them to small claims court.

Jonathan W. · Answer

@Norma E. Vega Sanchez my answer would be very sub-standard but I would love to hear what the experts have to say.

Consider reposting this question under the landlord forums instead of the RE one

She has the right to show the property during normal business hours

Theresa Harris · Answer

@Norma E. Vega Sanchez  You need to pay the rent unless last month's rent was specifically included in the deposit.  The security deposit is used to cover any damages to the home, not to cover rent.

Norma E. Vega Sanchez · Answer

@Ned J. She never collect the move in form. What now?

Norma E. Vega Sanchez · Answer

@Michael Randle thanks for the info!

What should I do with this situation with a landlord ?

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