+ Reply to Thread
Results 1 to 10 of 10
  1. #1
    stratford1 Guest

    Question Tenant responsibilities before moving out?

    What is the name of your state? Tennessee

    To make a long story short...I moved out of a house I've been living in (with 2 roomates) for 3 years and my landlord is charging us above our security deposit for cleaning and repairs to the house.

    My question is: What are we as tenants responsible for to bring this house to a "reasonable" condition?

    My main concerns are what he's charging us for lawn mowing, cleaning, and trash removal. We admit some responsibility for some things accidentally left in the house but is he required to contact us about this?

    One other factor in this story... this landlord has been out of the country until just last year and has not seen the house until pretty much just this last month. As a result he had a very scatterbrained realtor renting the house for him. SO, when we moved in he personally had NO idea what condition the house was in. Since I did all the cleaning in this house before my roomates got there I know that there were messes everywhere. I scrubbed out the refrigerator. I cleaned the stove. Now he's charging us because he had to hire a cleaning service. So where is my compensation for all the cleaning I did originally?

    Also, our grass was not cut when we first moved in. We're returning it to him in the same state - although we WOULD have gladly cut it had we known about the problem.

    Of course, all these things are our word vs. his realtor's fuzzy memory. The landlord was not there.

    SO - another part of this - is he required to let us know of specific repairs/clean up BEFORE he hires someone to do them? AND if we're paying for them in the end are we not entitled to hire our own lawn mower or cleaner or painter for the job? ESPECIALLY if these things are going above our original deposit?
    THEN if he's not required to before what about AFTER? Does he have to show is dated reciepts of these costs he's claiming? So far all we have is an email he wrote of itemized expenses.
  2. #2
    FarmerJ is offline Senior Member
    Join Date
    Apr 2002
    Location
    snowland
    Posts
    10,978
    You wrote >>> My main concerns are what he's charging us for lawn mowing, cleaning, and trash removal You didnt do those things before moving so YES its normal to charge a tenant for them . You wrote >>>but is he required to contact us about this? answer : NO
    you wrote >>this landlord has been out of the country until just last year . SO the LL had a rental agent and you failed to force the rental agent into doing anything about those conditions in the house or simply refusing to accept the unit when unit wasnt in presentable shape . YOU wrote >>>So where is my compensation for all the cleaning I did originally?
    you wont get any because you didnt get it in writting at the start . You wrote >>>Of course, all these things are our word vs. his realtor's fuzzy memory. The landlord was not there.

    thats right and YOU havent any written proof have you ? the rest of it NO No no you have moved away and have no right to correct it your self , If you dispute whatis held back take your LL to court after all is said and done . Your former LL likely has pics of the mess and damages and should be prepared to defend his actions .
  3. #3
    stratford1 Guest
    Thanks Farmer.

    One last question...and you might have answered this already with one of your "no"s, but OK...if I'm resigned to paying him what is owed, what is he required to show me (reciepts for services, bills, ect) before I must pay?

    Some of the charges seemed inflated and I just want to know what I can demand of him in terms of proof.

    Thanks for your help.
  4. #4
    stratford1 Guest
    Or could someone else help with this latest question?
  5. #5
    FarmerJ is offline Senior Member
    Join Date
    Apr 2002
    Location
    snowland
    Posts
    10,978
    Have you considered calling the LL and asking to meet for coffee and to show to you his /her rcpts since you will be bringing your checkbook or cash with you to get this knocked out of the way ? If you dont ask you wont know .
  6. #6
    JETX is offline Senior Member
    Join Date
    Jun 2000
    Location
    Somnambulist University
    Posts
    40,807
    "What are we as tenants responsible for to bring this house to a "reasonable" condition?"
    *** You are responsible for anything needed to bring the property back to its 'as rented' condition with the exception of normal 'wear and tear'.

    "My main concerns are what he's charging us for lawn mowing, cleaning, and trash removal. We admit some responsibility for some things accidentally left in the house but is he required to contact us about this?"
    *** Yes. TN law requires the landlord:
    "(b) Within three (3) business days of the termination of occupancy but prior to any repairs or cleanup of the premises, the landlord shall inspect the premises and compile a comprehensive listing of any damage to the unit which is the basis for any charge against the security deposit and the estimated dollar cost of repairing such damage. The tenant shall then have the right to inspect the premises to ascertain the accuracy of such listing. The landlord and the tenant shall sign such listing, which signatures shall be conclusive evidence of the accuracy of such listing. If the tenant refuses to sign such listing, the tenant shall state specifically in writing the items on the list to which the tenant dissents, and shall sign such statement of dissent. If the tenant has moved or is otherwise inaccessible to the landlord, the landlord shall mail a copy of the listing of damages and estimated cost of repairs to the tenant at the tenant's last known mailing address."

    "One other factor in this story... this landlord has been out of the country until just last year and has not seen the house until pretty much just this last month. As a result he had a very scatterbrained realtor renting the house for him. SO, when we moved in he personally had NO idea what condition the house was in. Since I did all the cleaning in this house before my roomates got there I know that there were messes everywhere. I scrubbed out the refrigerator. I cleaned the stove. Now he's charging us because he had to hire a cleaning service. So where is my compensation for all the cleaning I did originally?"
    *** Ask your roommates since they are the ones who got the benefit of your labor. And of course, you did put all of the messes you claim in writing to the landlord or at least took pictures or video of the condition on move in, didn't you???

    "Also, our grass was not cut when we first moved in. We're returning it to him in the same state - although we WOULD have gladly cut it had we known about the problem."
    *** Again, you did notice the landlord or agent of the grass needing cutting when you moved in, didn't you???

    "Of course, all these things are our word vs. his realtor's fuzzy memory. The landlord was not there."
    *** No, but your pictures, video and written condition report should be sufficient.

    "SO - another part of this - is he required to let us know of specific repairs/clean up BEFORE he hires someone to do them?"
    *** As noted above, yes..

    "AND if we're paying for them in the end are we not entitled to hire our own lawn mower or cleaner or painter for the job?"
    *** Yes. You had that opportunity before you surrendered the property and as noted above, you should have been involved in the process.

    "ESPECIALLY if these things are going above our original deposit?"
    *** Not relevant.

    "THEN if he's not required to before what about AFTER? Does he have to show is dated reciepts of these costs he's claiming? So far all we have is an email he wrote of itemized expenses."
    *** Then you have him where you want. Don't say ANYTHING to him about the deposit, his charges or his deductions. Tennessee law is pretty clear on this.....
    I suggest you read the applicable TENNESSEE statutes at:
    [url]http://198.187.128.12/tennessee/lpext.dll/Infobase/3a8ca/3b4a0/3b53b/3b53c?fn=document-frame.htm&f=templates[/url]

    With the treatment you have received from this landlord (and his apparent ignorance of the law), I will almost bet that the landlord never placed your deposit in a separate account or complied with the notice of same. If correct, he would lose ALL right to any deductions by law:
    "(c) No landlord shall be entitled to retain any portion of a security deposit if the security deposit was not deposited in a separate account as required by subsection (a) and if the final damage listing required by subsection (b) is not provided."

    UPDATE: For some unknown reason, I guess I thought that Tennessee was a part of Texas (big state, you know!!) and my first post was incorrect. I have modified the post to correctly apply TENNESSEE statutes. Queenofsand, thank you for the geography test!!
    Last edited by JETX; 08-16-2003 at 07:15 AM.
  7. #7
    queenofsand is offline Member
    Join Date
    Oct 2001
    Location
    TX
    Posts
    681
    The poster should probably research TN L/T law since he resides in that state. Title 66-28-301-landlord responsibilities, security deposit

    [url]http://198.187.128.12/tennessee/lpext.dll?f=templates&fn=fs-main.htm&2.0[/url]

  8. #8
    JETX is offline Senior Member
    Join Date
    Jun 2000
    Location
    Somnambulist University
    Posts
    40,807
    Queenofsand:
    I don't know whether I suffered a 'brainfart' or just bad eyesight, but for some unknown reason, I read this thread as being in Texas. I have corrected my post to cite Tennessee statutes. Thank you and sorry about my blunder!!!
    NEED COFFEE!!!!
  9. #9
    queenofsand is offline Member
    Join Date
    Oct 2001
    Location
    TX
    Posts
    681
    You're welcome. Those 'duh' moments never happen when we're alone or doing something unimportant...there's always witnesses.
  10. #10
    stratford1 Guest

    Where did this come from?

    Guys...thank you for your help!

    Sorry this is coming back at you so late but where did you get this info from?
    Is it just LexisNexis? Did you search it?

    I'd like to email this page to my landlord and want to tell him how to find it.

    Thanks!

Similar Threads

  1. Tenant Responsibilities
    By AnnaSC in forum Landlord / Tenant Issues
    Replies: 2
    Last Post: 07-05-2006, 01:56 PM
  2. 18 yr old moving in with friend - legal responsibilities
    By Daytodayhorror in forum Juvenile Law
    Replies: 17
    Last Post: 06-04-2006, 09:54 PM
  3. My responsibilities before moving out of state
    By jgsheriff in forum Child Custody & Visitation
    Replies: 1
    Last Post: 10-06-2005, 01:05 AM
  4. Tenant Maintainance Responsibilities
    By vickster in forum Landlord / Tenant Issues
    Replies: 12
    Last Post: 04-17-2004, 12:03 PM
  5. Replies: 2
    Last Post: 01-28-2002, 12:08 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.