Upcoming issue with cleaning/repairs (landlord began repairs 3 days before I moved)

[greenless]

[ARIZONA]


I've run into some issues with my landlord since I told them that I wasn't renewing, and now that I've moved out it hasn't stopped.

I was renting a 2br apartment with myself and my wife in one room and a roommate in the 2nd bedroom. The roommate hasn't been paying us her share of the rent for about 6 months, so we told her we were going to move to a 1br and that she'd have to move out when our lease was up. I asked the landlord if a 1br unit would open up soon and she said there were 2 opening up at the end of July (our lease expired on July 31st, so it was perfect). I told her about 2 months before our lease was up that we'd want to move to a 1br, and she said that would be fine and she'd let me know which one we would get asap. A couple of weeks later she told me that a married couple had moved into one of the 1br units and that they would 'swap' with us at the end of the month. There was still one 1br unit completely empty, but she insisted that we 'swapped' instead (meaning that we move into their apartment as they move into ours). Through a combination of not wanting to deal with the hassle of such a bizarre moving practice as well as my wife finding a 2br house with a huge yard for $25 more a month, we told the landlord we had decided to pass on the 1br and would instead move out. The landlord said she could 'appreciate the need for more space' and that was that.

Last week, though, things went south...

1) On July 28th, three days before our lease expired, the landlord's husband (the guy that does all the maintenence) entered our apartment unannounced. He startled my roomate - she thought he was me, and was quite to surprised to see a stranger in our house. He surveyed the boxed items and furniture on the lower level and told her to 'get this crap out of here' - even suggesting that she pawn my guitar and sell my couch to speed the process. He told her if she cleared out the apartment he would return the deposit in full to her and let her sort it out with me - 'don't even worry about cleaning the floors or the walls, just clear this junk out of here,' he said.

2) I sent an angry email to our landlord that night explaining that I did not appreciate having people enter my apartment without notice. AZ law requires 48 hour notice, and none was given.

3) On Friday morning (the 31st, the last day of my lease) I entered the apartment to move the last few boxes and sweep/mop the floors. When I entered I noticed that the walls were spackled (covering pin holes from hanging posters) and the sink downstairs as well as the toilet upstairs were being worked on. As I was moving one of the boxes out, I shut the door behind me and walked toward the parking lot - the landlord's husband walked right by me, without saying anything (just kinda nodded his head at me) and walked into the apartment (didn't even knock to see if my roommate was in there).

4) After I finished moving my last few boxes I left my keys on the counter and left. I went home and emailed the landlord saying that I had left the keys on the counter and that I was unable to finish cleaning the apartment due to her husband (and his daughter) being in the unit (can't really mop with people walking all over the place).

5) I got an email yesterday telling me that 'to date' the cleaning and repair fees were 'far exceeding' my deposit and that I should expect a bill rather than a check in the mail. (it's quite unbelievable to me that their billing could 'far exceed' my $1,000+ deposit when all of the appliances were fine and there is no carpet in the entire apartment. Also, the toilet and sink were both fine.)


--

So.... what are my rights? The landlord never supplied me with a move-in checklist and we didn't do a walk-through of our actual unit (she showed us a neighboring unit), and I didn't stay for the move-out walk-through (wouldn't have had anything to compare it to, anyway). Am I responsible for cleaning fees resulting from my landlord's husband illegally being in my apartment? If I end up in small claims court over this, how can I address the issue of my landlord's husband being in my apartment without my consent (how do I know that any 'damage' they bill me for wasn't actually caused by him??)? What is my landlord required to show in order to prove my responsibility for these alleged damages (meaning, they could trash a perfectly good dishwasher and buy a new one and bill me... but what would a judge need to see in order to determine that it NEEDED to be replaced?)

Thanks for any input you guys have!!

 

[JETX]

what are my rights?

First thing you need to do is to calm down!!

The landlord very likely screwed up by entering the property and starting repairs before the lease was up. You have a good argument that this prevented you from making any repairs yourself.

Here is the AZ law detailing what the landlord MUST do.... and what you should do if they fail to comply.

§ 33-1321. Security deposits
D. Upon termination of the tenancy, property or money held by the landlord as prepaid rent and security may be applied to the payment of all rent, and subject to a landlord's duty to mitigate, all charges as specified in the signed lease agreement, or as provided in this chapter, including the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with section 33-1341. Within fourteen days, excluding Saturdays, Sundays or other legal holidays, after termination of the tenancy and delivery of possession and demand by the tenant the landlord shall provide the tenant an itemized list of all deductions together with the amount due and payable to the tenant, if any. Unless other arrangements are made in writing by the tenant, the landlord shall mail, by regular mail, to the tenant's last known place of residence.

E. If the landlord fails to comply with subsection D of this section the tenant may recover the property and money due the tenant together with damages in an amount equal to twice the amount wrongfully withheld.

The landlord never supplied me with a move-in checklist and we didn't do a walk-through of our actual unit (she showed us a neighboring unit)

Not required. Not relevant.

and I didn't stay for the move-out walk-through (wouldn't have had anything to compare it to, anyway).

I hope you took pictures or something showing the condition when you left. Otherwise they can claim just about anything.

Am I responsible for cleaning fees resulting from my landlord's husband illegally being in my apartment?

My OPINION, based solely on your post, you shouldn't be liable. Of course, a court, upon hearing BOTH sides, may not agree.

If I end up in small claims court over this, how can I address the issue of my landlord's husband being in my apartment without my consent (how do I know that any 'damage' they bill me for wasn't actually caused by him??)?

Other than the fact that he already started repairs BEFORE you could, you don't. The landlord has rights of access.

What is my landlord required to show in order to prove my responsibility for these alleged damages (meaning, they could trash a perfectly good dishwasher and buy a new one and bill me... but what would a judge need to see in order to determine that it NEEDED to be replaced?)

Depends on the court.

Okay, here is what I would suggest. Don't do ANYTHING!! Yet.
Let the 14 days expire. If you have not received a WRITTEN itemization of the deductions and deposit account, then send (certified RRR) the landlord a POLITE written 'demand' for your FULL security deposit within 5 days from receipt.
Include a BRIEF, CONCISE statement that the landlord improperly started cleaning and repairs BEFORE your lease was up, preventing you from doing cleaning and/or repairs yourself.

If you still don't have your deposit after that time, file a lawsuit against the landlord for the full deposit PLUS two times the amount improperly withheld.

 

[greenless]

Thanks for the advice.

I just wanted to note a couple of things, though.

First, the landlord didn't have any right to access the apartment. AZ law requires 48 hours notice of intent to enter the apartment. They never gave me notice. My lease was through July 31st and I paid rent through the 31st, so their repeated entry before the 31st without notice as illegal.

Also, according A.R.S. § 33-1321(C), the landlord actually is required to provide tenants with a move-in checklist to notate existing damage. I never got one.

I don't mean to be contentious - just wanna get those facts straight.

Also, I've pretty much calmed down now. I was pretty tight financially and was counting on the return of my deposit, so when I was told I would be getting a bill instead I was quick to start freaking out (that, coupled with my frustration with the landlord's husband being in my place - he almost let my cat out of the apartment).

 

[greenless]

For whatever reason, I keep thinking that I should send them a letter/email BEFORE they send me a bill to nip this before it becomes a huge deal. If I sent them this, could it come back to bite me in any way (I really just want my deposit returned, that's my ultimate goal)...

"Rebecca,

Also, note that the charges/fees you are describing will not be my responsibility. As I stated last week, Tim entered the apartment without notice/consent on multiple occassions and began making repairs/cleaning before my lease expired. I addressed this in writing to you and asked for it to stop, but he continued. You cannot charge me for cleaning and/or repairs when I was not given an opportunity to do them myself, especially when Tim stated that he would make sure the deposit was returned to us if we would simply remove the final boxes/pieces of furniture from the apartment. This declaration by Tim is the only reason I overlooked his repeated illegal entries as well as suggestions to Allegra that she pawn/sell my belongings to 'get them out' before our lease had even expired.

I expect our deposit to be returned in full ($1,015) within 14 days of our move-out in accordance with AZ law. Also in accordance wtih AZ law, any amount that is wrongfully witheld will be due plus an additional amount worth twice the wrongfully witheld amount.

Thank you"

 

[Gail in Georgia]

Obviously you failed to read the part of JETX posting where you were told to do NOTHING yet.

Your letter will really do nothing except incite the landlord to look for any reason to keep most or all of your deposit.

Gail

 

[greenless]

So do I just wait until they send me the bill and then send them a similar response, denying responsibility for the damages (the legit claims, like my dogs scratching up the screen door I will take, but any and all cleaning/repairs I could have done in the last 3-4 days but wasn't able to due to the landlord's interference I will not pay for) ?

Thanks!

 

[JETX]

First, the landlord didn't have any right to access the apartment. AZ law requires 48 hours notice of intent to enter the apartment. They never gave me notice. My lease was through July 31st and I paid rent through the 31st, so their repeated entry before the 31st without notice as illegal.

Not ILLEGAL.... and not relevant. You weren't in the property and suffered no 'damages' due to their prohibited entry.

Also, according A.R.S. § 33-1321(C), the landlord actually is required to provide tenants with a move-in checklist to notate existing damage. I never got one.

Then you should have asked for it while you were there.

 

[greenless]

Not ILLEGAL.... and not relevant. You weren't in the property and suffered no 'damages' due to their prohibited entry.


Then you should have asked for it while you were there.

How do you figure that it's 'not illegal' for them to break a law? AZ law requires them to give 48 hours notice before entering my apartment. They entered multiple times without notice and without consent. That's against the law, hence 'illegal.'

Also, the law states that the landlord must supply the tenant with a move-in checklist; it doesn't state that the tenant must request it.

I'm just sayin'. I'm confident that my landlord's reckless behavior has removed me from responsibility. On one hand, I can definitely understand them wanting to get in there and get the place ready for the next tenants as soon as possible, hence them offering up the deal 'you get your stuff out and we'll handle the cleaning and get you your deposit'... and that's what I was willing to just put my frustrations aside and let it slide, but they can't have it both ways (they can't force their way into my apartment and clean it before I've had a chance to do it myself and then turn around and charge me for it).

 

[JETX]

How do you figure that it's 'not illegal' for them to break a law? AZ law requires them to give 48 hours notice before entering my apartment. They entered multiple times without notice and without consent. That's against the law, hence 'illegal.'

Okay, I was trying to be 'nice'.....
You are NOT correct. There is no such 48 hour notice required for landlord access.
Here is the ACTUAL AZ statute:
33-1343. Access
A. The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.

B. If the tenant notifies the landlord of a service request or a request for maintenance as prescribed in section 33-1341, paragraph 8, the notice from the tenant constitutes permission from the tenant for the landlord to enter the dwelling unit pursuant to subsection D of this section for the sole purpose of acting on the service or maintenance request.

C. The landlord may enter the dwelling unit without consent of the tenant in case of emergency.

D. The landlord shall not abuse the right to access or use it to harass the tenant. Except in case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least two days' notice of the landlord's intent to enter and enter only at reasonable times.

E. The landlord has no other right of access except by court order and as permitted by sections 33-1369 and 33-1370, or if the tenant has abandoned or surrendered the premises.
There is NOTHING there about a required 48 hour notice.

Further, even if there were such a requirement (or based on the above), the
likelihood of your being awarded damages for their access is slim and none. Move on.

Also, the law states that the landlord must supply the tenant with a move-in checklist; it doesn't state that the tenant must request it.

AS 33-1321 only requires that the landlord give you a form for YOU. It is up to YOU to complete the form, keep a copy and return to the landlord. I will bet that the landlord will claim he gave you that form.

I'm just sayin'. I'm confident that my landlord's reckless behavior has removed me from responsibility.

Great!!! Then you have absolutely nothing to worry about if/when he either takes you to court for additional 'damages', or fails to return your deposit and you sue him.

 

[greenless]

Okay, I was trying to be 'nice'.....
You are NOT correct. There is no such 48 hour notice required for landlord access.
Here is the ACTUAL AZ statute:
33-1343. Access
A. The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.

B. If the tenant notifies the landlord of a service request or a request for maintenance as prescribed in section 33-1341, paragraph 8, the notice from the tenant constitutes permission from the tenant for the landlord to enter the dwelling unit pursuant to subsection D of this section for the sole purpose of acting on the service or maintenance request.

C. The landlord may enter the dwelling unit without consent of the tenant in case of emergency.

D. The landlord shall not abuse the right to access or use it to harass the tenant. Except in case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least two days' notice of the landlord's intent to enter and enter only at reasonable times.

E. The landlord has no other right of access except by court order and as permitted by sections 33-1369 and 33-1370, or if the tenant has abandoned or surrendered the premises.
There is NOTHING there about a required 48 hour notice.

Further, even if there were such a requirement (or based on the above), the
likelihood of your being awarded damages for their access is slim and none. Move on.


AS 33-1321 only requires that the landlord give you a form for YOU. It is up to YOU to complete the form, keep a copy and return to the landlord. I will bet that the landlord will claim he gave you that form.


Great!!! Then you have absolutely nothing to worry about if/when he either takes you to court for additional 'damages', or fails to return your deposit and you sue him.

Just wanted to follow up on this since this troll got the last word in. I think it's pretty funny for you to call me out for not knowing the law only to reprint the law, proving me right. I bolded the portion that was relevant.

And, btw, after working with a pre-paid lawyer and referencing these laws, I WAS awarded damages, in a way (they settled). So, suck on that.

 

[Gail in Georgia]

Unfortunately JETX can't suck on anything because he's passed away since you began writing about this.

Gail

 

[greenless]

Man, that's too bad.

For clarification, the 'suck on that' line wasn't meant to be directed at anyone in particular. Just a celebratory remark, hence the happy face after it.

 

[Who's Liable?]

Just wanted to follow up on this since this troll got the last word in. I think it's pretty funny for you to call me out for not knowing the law only to reprint the law, proving me right. I bolded the portion that was relevant.

And, btw, after working with a pre-paid lawyer and referencing these laws, I WAS awarded damages, in a way (they settled). So, suck on that.

Good to hear. Know your rights!