All Forum Posts by: Johnathon Griggs

Thank you, @Account Closed!

I will be submitting the form tomorrow and will include a note just as you suggest (I might even just copy/paste your suggestion... if you don't mind. :)

Thanks for the input, y'all!

For the next week I'll simply continue to email them looking at least for a response, that way I at least have the evidence that I've been trying to work with them. They will be well informed of my intention to give them very poor Yelp and Google reviews if there is no communication. :)

I've never filed small claims yet, however this gives me cause to look into it at least. I've got black and white substantiated evidence to indicate that they've not met the requirements of the law or their lease. Oh what fun!

Hi, @Blair Poelman,

Just hoping that someone might have some suggestions, though it is predominately utilized by the Landlord folks.

Regarding the the lease language, I've studied it pretty well. The pet deposit specifically states that I should get half of it back if the condition of the apartment warrants it. Our place was spotless, the manager even asked if was had already had the carpets cleaned... never needed it though. 

I'm an honest, fair, law abiding person and expect others to be the same. I just figure that if this is happening to me, they could very well be doing it to others regularly, and thus, it shouldn't slide.

Thanks!

What to do?

My wife and I recently purchased a second house and moved out of a temporary apartment. We have one question about the deposit returned from Landlord.

The particulars first:

1. We did not receive our deposit disposition/ ledger statement and refund until 6 wks after the move out date (Utah law states that we should have had it within 30 days.)

2. The disposition is much different than what the resident manager verbally stated the charges would be (by double) after we completed our move-out walk-through inspection.

3. The pet deposit we're owed was not even mentioned in the disposition. 

So, the question, how do we get our money from them now?

I have both called and emailed and so far have received no response from them. I'm unsure whether I can submit the "TENANT'S NOTICE TO PROVIDE DEPOSIT DISPOSITION" (per Utah Code 57-17-3, etc.) since I received the partial refund before I submitted the formal "DO IT NOW!" paperwork to them.

Any suggestions?

Hey there, Travis, I wasn't in your shoes long ago! You've probably already figured out that there's going to be a lot of learning to be done now that you've gotten bit by the REI bug! :)

I have to start by not assuming, so, my first question is, have you sat down with a loan officer to discuss your financing options yet? You may find out a number of surprising things right away when you open the dialog (I know I did! :)

Others have already mentioned this, but renting out a basement as a separate dwelling unit is not allowable (depending on the city) unless zoned appropriately (been-there-done-that and almost got myself in serious financial trouble!) You can rent out rooms though, if you're up for that.

When it comes to purchasing an appropriately zoned apartment complex, you'll find that the minimum down on it is going to about 15% through a traditional lending institution, so keep that in mind.

If you're thinking about trying to include your current home as rental income during the loan application, most banks will require a two year rental track record before allowing it to be considered income. Some banks may consider it income if you can walk in with a signed agreement, down payment evidence, etc. indicating that it will be rented out when you move.... or however that's going to work.

Best of luck to you!

I'm assuming you signed a one or two year contract with the property manager as that's pretty typical. So you might have a little difficulty getting out of it, unless they have broken contract themselves somehow. The contract will probably state in it when they are required to notify you of an expense, such as a certain dollar amount. It'd be good to break that contract out and read through it really well.

If the PM continues to neglect you, let them know that you intend to give them a black eye! (i.e. they will get a VERY bad review on YELP, will be reported to the BBB, or something like that.) Best of luck to you!

I'm with @Elizabeth Colegrove on self-managing. If you think you've got the backbone and time to self-manage, do it. You might not know everything right now (I sure don't!), but that's what BP is for!

My lease doesn't specifically state how I can exact repair costs, but rather simply that they are responsible for *all* repairs under $100 and *all* repairs that exceed that amount if they were obviously at fault for the damages. Specifically stated: "Any item of maintenance or repair exceeding this amount that is not caused by the misuse, neglect or waste of Tenant, Tenant’s family, employees, or visitors shall be performed by Landlord."

This is all good information, thank you all for chiming in! It's a particularly good point that there is no benefit to deducting the costs from the deposit at this point. My lease is very clear that this sort of damage is on them and that they're responsible for it. I could simply leave it as is for the time being, however like for my property to remain in good condition.

I have a SFR that I try to have inspected annually. During the last inspection, it was noted that one of the interior doors has been forced in and both the door and jam are beyond repair. I am intending to have the door replaced, however I have a question about how to charge it to the tenant. Can I tell them that it will be deducted from their deposit even though they still live there? If not, I'll simply send them a bill for the repair.

Thankfully this is actually the first major repair that I will have needed to bill for!

In the SFR lease agreement that I use, there is an entire section on the obligations and duties of the tenant which makes things very clear. The lease is long, but at lease there isn't any question as to who is responsible for what.

To summarize:

-Comply with HOA requirements

-Keep the premises clean

-Keep all plumbing fixtures in good repair

-Use everything as it is expected to be used and in a reasonable manner (plumbing, electrical, HVAC, etc.) Here it is specifically stated, "Tenant agrees to be solely responsible for any maintenance or repair costing less than $100, regardless of fault or misuse. Any item of maintenance or repair exceeding this amount that is not caused by misuse, [etc.]... shall be performed by Landlord."

-Don't destroy the place

-Exercise good personal conduct and don't disturb the neighbors

-Keep my appliances in good working order

-Yard maintenance is your responsibility

-And of course... those air filter thingies? Change 'em, it's on you!

These are clauses are good for a SFR, but would have to be modified for any kind of multi-family...

Hope this helps.