When LL refuses/ignores final walk thru steps to protect yourself?

[Jesort415]

What is the name of your state (only U.S. law)? NY

We have asked LL to do a walk thru three times and have been ignored. We are leaving July 30 on purpose to come back on our last day (7/31) to magic erase the walls, steam clean carpets, etc. We are living this last month on our SD. My fear (gut feeling) is the LL is ignoring us on purpose and will sue us after we leave for "damages" that don't exist.
What steps do we take to make sure we are covered?
Do we request yet another walk thru using certified mail (other requests have been made via email and in person)?
We planned on pics but is video better?
We never did a move in walk thru however on the day we moved in the upstairs toilet was leaking so my hubby fixed it, informed LL, and she said her hubby would repaint the ceiling that shows water damage (never done). There was damage to the hard wood floors that we noticed when we moved in, LL said niece did it when she moved out and she would have hubby fix, never did. This was all verbal, nothing in writing now we fear they will sue saying we did this damage in an effort to get money to fix up the place (they are not re-renting it, they are selling it) better for a potential buyer.

 

[ecmst12]

Pictures and video are great.

 

[sandyclaus]

Alternatives to Formal Walk-Thru

Photos are good, but video is better. Especially showing what work you did to clean and prepare the place for the new residents. If you do any work at all, or have it done, keep good receipts and invoices to show the work that was done. Be especially careful to include the water damage you spoke of, including tracking any witnesses who may have seen the damage prior to your moving in or very soon thereafter (to protect yourself from being accused of causing it).

When you have left, be sure to send a letter to the LL (CM/RRR) to advise him of everything you did, make sure he knows you took pics/video to prove the work.

Then sit back and cross your fingers... but you'll be prepared for anything he can throw your way.

 

[dmsdexter]

Don't forget to give the Landlord your new address in writing.

 

[Jesort415]

Don't forget to give the Landlord your new address in writing.

WHY???? We really really don't want to, we want to be rid of these people and far far away from them because of all the &hit they have done to us over the last few months. I figured if they were gonna sue they would send the papers to the old address (thiers) and it would be forwarded to us without them getting our new address.

 

[BL]

WHY???? We really really don't want to, we want to be rid of these people and far far away from them because of all the &hit they have done to us over the last few months. I figured if they were gonna sue they would send the papers to the old address (thiers) and it would be forwarded to us without them getting our new address.

Because ,if you want you SD ,the LL has a reasonable time to follow the return Laws ( 30 days is reasonable ) , and they need an address to send it .

Rent a PO box for the time periods ,and give them that address to sent it .

In a RRR Certified mail - keeping a copy or two ,and the receipt the LL picked it up and signed for it .

 

[Jesort415]

Because ,if you want you SD ,the LL has a reasonable time to follow the return Laws ( 30 days is reasonable ) , and they need an address to send it .

Rent a PO box for the time periods ,and give them that address to sent it .

In a RRR Certified mail - keeping a copy or two ,and the receipt the LL picked it up and signed for it .

We are living on our SD this last month (as stated in my first post).

 

[ecmst12]

Because failing to provide your forwarding address will only mean that if they DO try to sue you, you might not get the notification and so fail to present a defense and they get a default judgement.

 

[Baranov]

What is the name of your state (only U.S. law)? NY

We have asked LL to do a walk thru three times and have been ignored. We are leaving July 30 on purpose to come back on our last day (7/31) to magic erase the walls, steam clean carpets, etc. We are living this last month on our SD. My fear (gut feeling) is the LL is ignoring us on purpose and will sue us after we leave for "damages" that don't exist.

The final walk through should not be done till you leave or as close to your leaving as possible. When you are done cleaning and have a vacant apt for the landlord to look at then you are ready for the W.T.

Your new address can be easily obtained from the P.O. but as stated above, it would benefit the LL if you refuse to leave a forwarding address.

That you are concerned about being screwed is not your landlord’s problem. Protect yourself with pictures and documentation of requested repairs in case the landlord sues.

 

[JETX]

We are living this last month on our SD.

Is this allowed by your lease or do you have the landlords WRITTEN permission to do that??
If neither, you can almost bet that you WILL be sued for your damages. The security deposit is NOT for 'last months rent'. It is SECURITY in the event that you damage the property during your tenancy. The fact that you have 'spent it', means that if the landlord suffers $1.00 in damages... they can sue you.

My fear (gut feeling) is the LL is ignoring us on purpose and will sue us after we leave for "damages" that don't exist.
What steps do we take to make sure we are covered?

Start by NOT using the security deposit improperly. The fact that you have already 'screwed' the landlord by 'spending' the deposit, plus the other 'issues' raised in your post, pretty much guarantees that the landlord will be making a claim for damages.

 

[Jesort415]

Is this allowed by your lease or do you have the landlords WRITTEN permission to do that??
If neither, you can almost bet that you WILL be sued for your damages. The security deposit is NOT for 'last months rent'. It is SECURITY in the event that you damage the property during your tenancy. The fact that you have 'spent it', means that if the landlord suffers $1.00 in damages... they can sue you.


Start by NOT using the security deposit improperly. The fact that you have already 'screwed' the landlord by 'spending' the deposit, plus the other 'issues' raised in your post, pretty much guarantees that the landlord will be making a claim for damages.

Jetx...What is that saying about assuming stuff....makes an a&& out of you not me..We have written permission from the LL to use the SD because they already spent it and didn't have it to return to us anyway (yet we are the bad guys). We don't do things without permission so your "improperly" comment, uncalled for. We haven't screwed anyone, we on the other hand have been screwed by them but yet what to make sure we still leave the house in the same condition as we got it (if we were out to "screw" anyone we would trash the place but were not).

Baranov, Where did I say that us being concerned about anything is anyone else's problem?? I am asking how to prevent being screwed by them later if they try to lie. Nothing to add to the already good advice then go find another to respond to.

 

[JETX]

We have written permission from the LL to use the SD because they already spent it and didn't have it to return to us anyway (yet we are the bad guys).

Not assuming anything... you just didn't provide FULL details. Where did you include this 'with landlords written permission' in YOUR post??

We don't do things without permission so your "improperly" comment, uncalled for.

It was absolutely 'called for'. It is critical information that YOU 'forgot' to include. How the hell are we supposed to 'know' what you do or don't do??

Simply, YOU know the facts. YOU are supposed to provide those FACTS to us so that we:
1) Don't waste time (yours or ours).
2) Give you (hopefully) accurate advice.

The accuracy of any response/advice is entirely based on the 'accuracy' of your provided information. You give us crap or partial information... you get crap or a partially correct answer.

 

[Baranov]

Baranov, Where did I say that us being concerned about anything is anyone else's problem?? I am asking how to prevent being screwed by them later if they try to lie. Nothing to add to the already good advice then go find another to respond to.

I can see why your LL is not being cooperative with you.
Let me explain things to you so that you don't continue to repeat your mistakes.

It is not the role of a landlord to act or perform for a tenant based on the tenants fear or feelings. His role is to comply with the laws of his state. Many tenants withhold the last months rent based on the fear that the landlord will withhold an undetermined amount. It is not a justifiable action and the landlord is within his legal rights to take legal action against such a tenant.

Your concern that he has not acted to perform a final walk-through is unwarranted as you have not properly presented an apartment that is ready for inspection.

 

[onehotmom]

We are living on our SD this last month (as stated in my first post).

Am I missing something......

If you are living out the security why would you be scared of not getting it back?

Are you worried that the landlord will sue you for damage to his property?

Just leave the place in the same condition that it was rented to you!

 

[Jesort415]

Jetx please find another thread to respond to, I don't think using the word crap to describe anything I said was called for despite how much you think you know about everyone and everything!! I guess I could argue back that you didn't ask so I didn't tell!!!

Baranov..same to you, take a hike, your "advice" is useless. BTW I found a thread that my LL started and you didn't have anything nice to say to him either so I guess in your eyes unless it is you, everyone is wrong. I am not making anything anyone's problem I am asking what can I (me) do to protect myself.

My point is dont assume anything, you are unsure of something I said or did, then ask like a grown up. IF you are too busy to do that then take that to mean maybe you shouldn't answer my question and keep it moving.

Anyway...Onehotmom...to answer your questions...I am not worried about getting it back, I am trying to protect myself from being sued for fake/made up/non existence damages. When we originally told LL we were taking his wife up on her offer to use the SD, we offered (and he agreed he wanted to) do an initial walk thru to go over anything he thought might be beyond normal wear and tear to give us time to address it (although I don't see anything beyond normal wear and tear blinds are clean and work, floors are free of stracthes or scuffs, carpets are clean and don't have tears/stains/holes, etc.). This is the walk thru we are asking for so we can address those things now and then on our very last day do the final walk thru to make sure everything on the list was done and the house left in the original condition. He is ignoring our request to do the intial walk thru now.

I have printed out the normal wear and tear worksheet from the NYC housing website and we will go based on that, plus someone else provided a link to how to clean out an apartment when you vacate so we will go by that too and then video tape the house and hope this is the end of it.

We always planned on leaving it in the same condition we got it but I wanted to make sure we documented the house properly so they if they try to say we didn't do something we have proof we did.

Thank you to the first few people who actually answered my questions and provided good advice.