[ckrueger]

HI,
My name is Sue and I would like to ask a question from someone who knows roommate laws or shared living law. My question is this: Can my landlord come into my portion of the house without 24 hour notice? My second question is can he legally hold my damage deposit if he can't find another tenant if I have given him a 30 day written notice? I have asked him to sign my list of things that needed attention in my residence so that I am not held liable when I move out. He has refused to sign it so far and I want to know if he produces a list of deductions from my damage deposit, and they are not correct due to my original list, can I take him to small claims court? He says he can hold it and pay himself for cleaning my carpet. I was present when he used a store rented carpet cleaner and there was still stains on the carpet. I do not want to pay for a professional cleaner to come in when it was not professionally cleaned when I moved in. Please help!
Thank you so much. Is there something called room mate law? My landlord states there is and it is different from tenant law. Is there a web site I can go to?
Sue

[LisaB4657]

Your landlord is lying to you. There is a sticky at the top of the Real Estate Forum that lists websites for the landlord/tenant laws of all the states in the US. Check it out and come back if you have more questions.

Another thing... take pictures of all damages immediately. Make a copy for yourself and then send a set to the landlord by certified mail along with a copy of your original list. Start putting things in writing in case the landlord tries to hold your deposit. This way if you have to sue him for it you'll have pictures and paperwork to show the judge.

[landlord advocate]

This is very confusing. What do you mean by "shared living"? I take it that you have a roommate. You and your roommate are equals. If your roommate gave the landlord permission to enter the apartment, then he had permission to enter the apartment.

You said you gave him a 30 day notice that you were leaving. Is the lease over and you and your roommate are both leaving, or are you in the middle of a lease and only you are intending to leave? This is an extremely important question that needs to be answered so that we can help you.

If your lease is over and you are moving out, your are responsible for damage beyond normal wear. Prior to another person moving in, the landlord will probably clean the carpet, paint the walls etc. This is not your responsibility... unless you damaged the property beyond normal wear. Hopefully you documented the condition of the apartment before you and your roommate moved in. The landlord will have to prove that you damaged beyond normal wear if he intends to file for damages.

Please get back to us with more detail as to whether the lease is over, are you both leaving the property etc.