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-   -   Can the Lanlord do that? (https://www.askmehelpdesk.com/showthread.php?t=343256)

  • Apr 18, 2009, 08:39 PM
    azcarrgirl
    Can the Lanlord do that?
    I'm in AZ I rented a townhome in phx put a security deposit down of $1400 in sept yes I signed a year lease/ I lost my job because of lay offs in oct. in the middle of oct.. We discovered a rat problem in the townhome lanlord got a pest control person which he said this is a huge problem in this area because of the citrus tree they are called roof rats well its now nov. problem is not any better my daughter who is handicapped is terrified we can't sleep at night she is having bad dreams we hear rats in the vents on the roof top its just awful I call the landlord up and tell her we just can't live hear anylonger my daughter doesn't feel safe it is not humane to live with this rat problem and I can't find work please let us out of the lease, she responds that is not a good enough reason,so come the end of dec I call her again and tell her my finances are really bad I just can't do this anymore she says fine be out by the 26th of jan. so I can rent it by the 1st of feb. so I do and I leave it spotless.


    email from lanlord on 1-30-09
    Things are going okay. I needed to get the back bedroom and living room painted. Polly says it looks good though. Thanks for moving out earlier and leaving the property in good condition. The dishwasher repair also is minor. The pipes had worn away.

    I did not hear frm her so I emailed again regarding my deposit

    frm lanlord 2-6-09
    We am still getting some work done so I don’t have the final numbers. I needed to get it painted as there was a “smoking” smell in there. It didn’t come out with getting the carpet cleaned so this was the only option. Can you please send me your address

    I then emailed again

    email from lanlord 3-4-09
    Re: Security Deposit for , Phoenix, AZ 85013
    Deductions from Security Deposit of $1400.00
    Expenses:Unpaid Rent: $300.00
    Cleaning, gardening, removing personal property, organizing painting: $440.00
    Carpet Cleaning: $90.00
    Painting living room, kitchen, front bedroom due to smoke smell: $550.00
    Commission to rent property: $575.00
    Rent amount for any remaining unpaid days before the property was rented. $1200.00
    Total amount owing to Lisa Dahlberg: $1755.00

    I am telling you the place was in better condition when I left than when I moved in and removing personal property I left 2 items there a fan and a small 8x10 rug.
    please tell me what to do if I can do anything I don't believe I was treated fair I know I broke the lease but she also should have told me about the rat problem the hoa new about it for years.
  • Apr 18, 2009, 08:46 PM
    Fr_Chuck

    It is a matter for court, you can either sue them for your deposit or wait till they sue you.

    You will owe them all the rent up to the point that someone else moved in.

    You do not owe ( unless you lease says so) any "commission" to rent property, that is merely a cost to do business.

    If the rug was left dirty, you would owe to have it cleaned,

    You will need photos showing how clean it was when you moved out normally.

    What type of personal property did they have to remove
  • Apr 18, 2009, 08:52 PM
    azcarrgirl
    they removed a fan and a 8x10 rug.. did you see where she put a charge for organizing paint and another charge for painting
  • Apr 18, 2009, 09:13 PM
    Fr_Chuck

    If there was damage due to needing the walls fixed, or smoke damage that required repainting.

    It is a matter that you will have to prove it did not need it, or if they do a poor job proving it needed it.

    Again it will end up in court either way

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