I'm a LL and I've fixed the towel rack for my tenant along with issues of that nature. First, it's relatively minor stuff that's inexpensive to fix and it's really not worth getting into an argument about it. Light bulbs and such I would expect the tenant to replace since those are consumable type of items. I pay for and stock the air filters and ask tenant to replace them quarterly. OP, I would call the LL and say that you noticed the cabinets were coming loose and ask if the LL had any suggestions for fixing them. LL will either instruct you or offer to either come over or send someone over. Not really a big deal and LL shouldn't charge you for it (unless you've ripped the cabinets out of the wall or something). |
Exactly |
As a landlord I would get calls for most of the items you mentioned there and it's our responsibility to fix. And some things, like plumbing or bathroom fixtures or kitchen cabinets we actually would not want our tenant to tinker with and mess up even more. Whenever you need experienced help, you call the landlord. Usually, if you have major damages, like scraped floors, holes in the walls, damaged carpet, broken window, etc, you can expect this to be taken out of your deposit upon move out. but if you still occupy hte place, I understand this that landlord has to fix at their expense. |
Ok, the showerhead is your responsibility, as tenant can install their own fancy showerhead and it's not our job to fix it. If this is the one we provide and it's broken, I suppose we have to fix it as we have to provide one in working condition. |
| How long after a move out can a landlord sue a tenant over these type of issues? |
Well, considering this has NEVER happened in any other place we have lived, it's not because we are somehow too vigorous in grabbing the toilet paper off the roll. I think they bought cheap versions of the hardware and didn't install them properly or properly anchor them into the wall, just screwed them into drywall.
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A walk through is done after the tenant moves out to ascertain what damages gave occurred. As previous posts have mentioned, scrapes and dings are considered normal wear and tear, a hole in the wall no. The landlord has 45 days to return to the security deposit. If utilities were the tenant responsibility, you make sure those have been paid and if not, can be taken out of the security deposit. |
I agree, unless you tore the TP holder and the cabinet doors off in a fit of drunken rage or something. If you're just using something normally, and it stops working or falls apart, it's the landlord's responsibility. The air filters are like lightbulbs--they need to be changed periodically. Just pull out the existing air filter, note what the dimentions are (25 x 16 x 1 or whatever) and go to a hardware store. If you have allergies, you may want to buy the more expensive filters that are better about getting stuff out of the air. |
In my experience (as a LL and renter) this is the most common reason toilet paper holders and towel racks come out of the wall. A tenant in this situation should call the landlord, because a better anchor needs to be put in the wall/drywall and that will make a bigger hole than what was originally there. The LL should anchor these things properly, not ask the tenant to re-anchor them, which will require making more holes in the wall. |
Landlord kept the $350 deposit but is claiming another $450 in damages. He made non-specific comments about needing to repair or replace at the time of the move out, but didn't send an itemized list until 10 months later! My understanding is that he had tenants in between. |
| So if the tenant uses the toilet paper holder as a step stool it is normal wear and tear? If the toilet paper holder was functioning fine and not noted as damaged during the walk through it is the coming out of the tenant's deposit. If the toilet paper holder's chrome finish is flaking off then it's the landlord's responsibility. If the tenant's children carve their names into the chrome finish it is the tenant's responsibility. |
1) You should have done the walk through with the Landlord and taken pictures 2) you should have sent a registered letter to the landlord indicating the 45 day time was up. This is a legal transaction and you need to handle it that way. Read your lease, put things in writing and follow up. As a LL I see too many tenants that don't read their leases or know what they are signing. When something comes up, like changing filters or doing basic maintenance, they are surprised. Take your lease seriously and don't get emotional. |
We did the walk thru but I didn't take pictures. I regret that. Everything he said needed to be replaced was old already when we moved in 7 years before. He was a constant grumbler during our tenancy so we believed this was more grumbling. I was shocked when he kept the deposit but it was $350 and I had other more important stuff going on than a fight with a former LL over that small a sum. He didn't say I'm keeping it, he just never mailed it. Then, 10 months later, we got an itemized list and a demand for $450. Our old neighbors swear he had tenants in between. I think they trashed the place and he wants to bill me. |
Well that's just insane. Landlord here, I don't see any connection between "$100 misc repair" and digging up a sewer line. It's nota per-repair deductible. It's to set a clear line of demarcation between everday crap that comes up, yes like screwing a towel rack back into the wall when you pull it out, and a serious issue that the landlord needs to address. Clearly digging up a sewer line falls WAY outside of the tenant's responsibility. Now if I dig up the sewer line and fine your kid flushed a Barbie down the toilet, then yes indeed, I will be happy to meet you in small claims court. If you don't like the $100 misc repair clause, don't sign the lease. |
Yikes! A battery in a fire alarm and changed filters are in the best interests of landlord, so personally, that's something I'm going to do. Toilet running is also landlord responsibility and a huge waste of water; you could get fined by the city for that. OP, if you are a good tenant and want to stay just bring this up to your landlord directly, and then she can respond. I'm happy to keep good tenants, and want to preserve my property, so I'm good about doing all the stuff you mention. I wouldn't want you to repair the tissue holder either because you'd probably do a crappy job (not you personally, just tenants in general ), and I wouldn't want a temporary fix.
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