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Landlord Issues... What are my rights?

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  1. playentowin playentowin is offline

    Chicago, IL
    United States

    Posts: 139
    Joined: May 07

    Apr 25th, 2008 (4/25/2008 12:42pm)

    I am renting a condo from a owner. On the contract it clearly states a move-in fee but says nothing about a move out fee. When I moved in there was no move out fee, but a couple of months ago the association created one. The owner I leased from never turned in our lease so she will charged the fee in assessment. She claims my roommates and I should be responsible for this. What can we do?

    Also when talk of the security deposit came up she said should would be keeping it for 30 days. In the contract it clearly states it will be held in an escrow account. Do I have a right to request proof it was, and isn't any such interest mine? I have a bad feeling the owner spent it or something. I know normally you use the security deposit as a last month rent but my roommates had already paid it and I did not wanna look stupid.

    Thanks for any suggestions or advice.
     
  2. jtown1010 jtown1010 is offline

    United States

    Posts: 23,112
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    Apr 25th, 2008 (4/25/2008 12:44pm) in reply to playentowin

    LOL, I'm pretty sure you're only responsible for whatever was in the lease you signed, that would be pretty sweet though if they could just start adding extra shit in there though.

    Oh and you have way too many rights as a tennant, you could really fuck someone over if you wanted too by taking advantage of the legality of renting.
  3. El Burro El Burro is offline

    Dallas, TX
    United States

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    Apr 25th, 2008 (4/25/2008 12:48pm) in reply to playentowin

    You have a written, legal document for a reason. Stick with its terms.

    If you lived in Berkeley, CA, you could legally sell the owner as a slave.
  4. jtown1010 jtown1010 is offline

    United States

    Posts: 23,112
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    Apr 25th, 2008 (4/25/2008 12:50pm) in reply to El Burro

    I'm gonna rent out the rooms in my house for $1 a year on the lease, but after they sign I'm gonna change it to $1 million per day and pretty soon I'll be super rich.
  5. playentowin playentowin is offline

    Chicago, IL
    United States

    Posts: 139
    Joined: May 07

    Apr 25th, 2008 (4/25/2008 12:51pm) in reply to El Burro

    can I do that in Chicago?
     
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  6. LeftyMark LeftyMark is offline Boss of Birds

    MA
    United States

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    Apr 25th, 2008 (4/25/2008 12:58pm) in reply to playentowin

    I know normally you use the security deposit as a last month rent...

    As a landlord you are not supposed to so this is not the norm.
  7. AJXTERRA AJXTERRA is offline

    Houston, TX
    United States

    Posts: 2,875
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    Apr 25th, 2008 (4/25/2008 2:43pm) in reply to LeftyMark

    the security deposit is just that, a security deposit in case you or your roomies screw up the property in some way. The contract can make said deposit anything the landlord wants i.e.2 months rent but it's never actually applied to rent.

    second, if you're looking to leave at the end of your lease then there should obviously be no fee, however if you are breaking your lease it's very possible that you're forfeiting your deposit and/or incurring some sort of fee. This also should be stated in the contract you signed.

    lastly, if you signed a contract but didn't get a copy of it then you're fucked. If you do have a copy of it and she's trying to change the contract then tell her to screw off and that you want your deposit back less any problems she has to fix w/ the apartment.
  8. BlufferChic BlufferChic is offline

    WA
    United States

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    Apr 25th, 2008 (4/25/2008 2:44pm) in reply to LeftyMark

    Lefty is right... the only time it is okay to use a security deposit for a last month's rent is if you have previously gotten the landlord to agree to this, in which case they will want to do a walk through to check the condition of the premises prior to you quitting the property - they might do this anyway, some leases allow landlords to check the property prior to your surrender

    the fee that your landlord is being charged by the homeowner's assoc is not your responsibility if it is not covered in your lease. make sure you have a copy of your lease.

    edit - also, the only time the tenant would receive the interest on a deposit that is held in an account, is if it specifies it in the lease... usually there is a line or box on the lease that you can write or check landlord or tenant will receive interest... i do not know of 1 landlord that gives the interest to the tenant - i never did that when i was landlord. if your property is in satisfactory condition when you leave, your landlord will have 30 days (typical) to check it out, get any work done that needs to be done to the unit... and supply you with a list of how the funds were used, if there is anything left over they will send you a check for the remainder of the deposit.
     
  9. dank773 dank773 is offline

    Chicago, IL
    United States

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    Apr 25th, 2008 (4/25/2008 4:15pm) in reply to BlufferChic

    I believe in Chicago you have to get paid the interest on your security deposit. And I believe it is 30 days to get it back after the end of your lease. After 30 days, if they haven't told you they found anything wrong with your apartment, they have to send the entire deposity back. If they don't, you can sue for 3x the deposit and legal fees.

    As far as the move out fee, if it's not in your lease, don't pay it.
  10. playentowin playentowin is offline

    Chicago, IL
    United States

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    Apr 25th, 2008 (4/25/2008 5:34pm) in reply to AJXTERRA

    The 1 year lease is ending so we are not breaking it. I understand the 30 days is to find stuff which is broken but I have a feeling she spent it and is waiting to find a new renter to pay me. Can I request to see how the money was held?
     
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  11. fetaman fetaman is offline

    Holy See (Vatican City State)

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    Apr 25th, 2008 (4/25/2008 6:14pm) in reply to playentowin

    If I were to say something serious, it is that up here;

    (a) the interest is absolute, and accumulated in your favor, and deducted from last months rent (*about 6-7%, depending on legislated provisio) oir paid in addition to returned security deposit

    (b) security deposit is due upon vacating premise, and is signed off at that date, not within 30 days.

    (c) if your lease stated in a clause she has flow through charges for building or maintenance costs, you may be subject to charge, but you are not a commercial tenant, find it hard to imagine it is included as such

    (d) who cares if she had it in an escrow or not, give me my money, else I will ask sir willywoo for the good OT stuff per USofA, and the respective states et al

    i would reply in some more legal speak, but clearly the Charter of Rights of Bacon and Timbits does not apply down there.
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