• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Delicate landlord situation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.


Junior Member
What is the name of your state (only U.S. law)? Kansas

It has recently come to my attention that a relative of my wife's, who's been renting for three years now, got my wife to co-sign for him.
In that time, he was late with the rent once on account of changing jobs, but the landlord was notified beforehand and the late fees were paid.

First, let me establish that he was not an ideal tenant. While he was not directly destructive, and actually had to make minor repairs on an already run-down property, he also produced a great deal of mess and didn't say anything about certain major issues, like the heat failing.
When he found a new place to stay, he didn't tell the landlord he was leaving until two days after rent was due for the month, and he still hadn't cleaned up his mess. At that time they made a verbal agreement that he would remain and clean the place up and pay any past-due rent in two weeks time.
Two days later, his landlord called me wanting him to get it cleaned up immediately and informing me that he would be 'going after' him and my wife.
After speaking with the tenant, he called his landlord with a new offer. Payment for rent to the end of the month (three weeks from the original agreement date) with the assurance that that time would be used to thoroughly clean the property. He agreed and took the check. Once my wife was made aware what state the house was in, we arranged to spend that weekend on it and get it cleaned up as much as possible. All parties involved work varying schedules so this was the best possible time to get it all take care of.
The very next day we get a call from the landlord claiming to not know what the check was for, even though it had be prearranged and noted, 'Rent from x to y.'
He demanded that the place be cleared out immediately (as opposed to tomorrow, when the city dump is open). He said he wouldn't cash the check but also refused to return it. At that point his wife, who'd been screaming in the background the whole time, got on the phone and unleashed a tirade of accusations and otherwise abusive language, refusing to let us speak with the actual landlord.
They're not returning our calls at this point.

To summarize, the place needs cleaned up, and we're willing to do it and even pay for carpet since it's probably damaged beyond repair, but we can't reach an accord with these people no matter how hard we try.
At this point we've documented the events of the past five days and intend to send a certified letter with this account and a request that the latest check be returned.

What else can we do here?What is the name of your state (only U.S. law)?


Senior Member
its too bad you had not been told of this sooner so she could have notified the LL that the tenant was on his own. Have the locks been changed yet ? keys returned ? If not bring the tenant with you and cleaning can be done anyway go do it and take pics of the unit so you have them. its a mess , the LL might be able to claim the unit was abandoned. BUT it all depends on how rigid they are in your state about landlords who re take possession of rentals with out taking tenant to court. I suggest you use the links above and consult with a real estate atty about your states laws . One thing for sure if you pay off the damages to the LL you need to think about going to small claims court and suing the tenant for a months rent since they didnt give notice and for damages they created. Keep communications with the LL in writting sent via certified mail. BTW make sure the LL has your mailing address , http://www.kshousingcorp.org/display/htcc_man/htccman_14.pdf better yet http://www.ksag.org/files/shared/LandlordsandTenants.pdf Security Deposit Facts
♦ A landlord may charge as much as one
month's rent for an unfurnished apartment;
1 1/2 months for furnished and an added 1/2
month for pets as a security deposit (unless
other arrangements are made by the
municipal housing authority).
♦ Landlords must return any security
deposit in full or in part with an itemized list
of deductions within 30 days after
termination of the tenancy. Even with damages the LL still needs to follow the law, so make sure the LL knows where to send mail to. you will need to sit down with the tenant when the details of the damages come in if you can get the tenant to do it and try to sort out the whole mess incase there are charges that would be worth disputing.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential