Hi,

I have been living in my apartment for a year ending this month. During this time we have had some very unsatisfactory maintenance experiences with our landlord. Including a roof leak that was called in but never looked at, electronics damaged as a result of that leak for which there was no offer of reimbursement and finally an attempt to mid-term start charging us for utilities that were originally included in the lease due "their abuse".

Additionally building maintenance and cleaning is sub par, laundry facilities are usually not in working order. While the property is located in a nice part of town, and a previous property I occupied owned by the same management company was managed much better, there is much to be desired in the managing of this property.

When moving in we were presented with a lease, but for whatever reason we ended up leaving the office without ever signing a copy of the lease. We have been presented with a renewal letter to renew the lease without the included utilities. My question is:

Since the lease was never signed, taking into consideration the sub par service, would we be responsible for damages (painted walls) that occurred prior to the renewal letter being signed (which would be the first signature on file) when we finally do move out?

And (part 2... but admittantently a far stretch) is it possible to sue/request rent payments back since there was never a contract for them to be charged... or is our voluntary payment of these charges acceptance of the lease (even though it was never signed)

Thanks!

If you never signed the lease you were a month-to-month tenant confirmed by the fact that you paid them rent. Unless you can show that the walls were damaged prior to your move in, or were damaged by their roof, you may end up paying for repairs. You failed to take adequate precautions to protect yourself. I advise people to inspect an apartment before moving in and ask the manager to sign,confirm the condition. Even taling pictures is a good idea. You knew the lease was not signed so you can't act surprised 12 months later and sue for paid rent. You owed rent as a month-to-month temant in the very least.

If you painted walls of the apartment, you have the duty to either pay to have those walls restored to the color and condition they were before moving in, or paying to have management repair and paint the walls. If, as you say, you did not sign a lease then you are a month to month tenant. If you intend to leave, you need to give notice as specified by the lease or the Revised Code for your state. With a month to month lease, that is generally 30 days (some states are different, so do look at the Rev. Code for your state)

As far as the damage to your belongings... that is why you have renter's insurance. You do have renter's insurance don't you?? It is not the landlord's responsibility to repair or replace personal items damaged by maintenance issues.

Amazing that you know that much about the lease but never bothered signing it. Since you did not sign the lease, with a 30 day notice conditions under which the landlord will rent to you can change. Considering the increase in the cost of utilities, it is not surprising that the landlord no longer includes them in the monthly rent.

Management companies and owners are two different entities. A management company can do a great job at one property, because the owner is willing to spend the money to keep the property in good order. Then there are other owners who refuse to spend the money to maintain their properties. The service provided to a particular property is in direct relation to the amount of money the owner is willing to pay the management company to provide the services.

Where do you live, in some places you can withhold rent until basic repairs are completed.

I don't think you can get back anything you already paid, as mentionned above by paying the monthly rent you were on a monthly lease, now that you signed a renewal you are on a lease until the end of the renewal.