Thursday, December 8, 2011

Can I ask my landlord to be present for the final inspection of the apt I am levaing?

When I got the apt 10 months ago, I have not seen the actual apt that I was renting, just a model. The carpet was al stained, the drawers in the kitchen falling, the balcony screen door falling, bugs and smells, between some other things. I was told that, since they showed me the model, they did not have the obligation by law to show the actual apt, which was different from the model anyways. Ok. I asked them (patiently) to fix everything but I was sure to register the events in writen, with the manager of the complex signature. Now my lease is going to be due in two months, they already asked if I am going to renew and, since I did not get what I was offered, I did not renew the lease. They sent a person to check the apartment already and just with a brief look at the apt he left a note that everything was ok (this is happening 2 months before I am moving). So I asked the clerk in the office what would be the procedure for the final inspection, and she said, "Oh, you just drop your keys and everything else at the office and 30 to 45 days after you get your deposit back". That happened to me with the prior landlord, where I lived for 8 years. He never changed any carpet, he never fixed anything in the apartment, so the normal wear and tear, was present when I left: plus I took good care of the apt, I even left a fan that I bought and installed for the bedroom: but when I left, I just dropped the keys with a neighbor who was suposed to be the complex manager. I just trusted the guy, since I knew him for such a long time..... I never got my deposit back, and when I finally could talk to him after many phone calls and visits to the apt, he even threaten to charge for "all the damages" (that he invented) after 6 months. Anyway, since I have had all these bad experiences, I am wondering about what the law in Illinois says on this matter. Can I ask (in wirtten, in advance), for the mantenance manager to be present the last day of my lease, to go through the inspection with him, make him sign some papers for this, state that everything is ok, or in that case, if there are damages, state them there, and then wait for my deposit (or the rest of it) back in 30 or 45 days???.|||Do you have copies of your repair requests? Hopefully so.





Without pictures upon move in showing the issues and no move in checklist or inspection with the issues noted, you may find yourself on the hook for repairs (stains, smells, bugs) that were present upon move in. Unfortunately, unscrupulous landlords/managers will charge (or attempt to charge) tenants for damages that the tenants are not liable for. Tenants need to protect themselves.





You can ask in advance, in writing, to have a final inspection on your last day with the landlord/management present. Keep a copy of your letter, just in case. Depending on Illinois law, they may not have to oblige. Regardless, your asking, if it should ever come to a court dispute, would help your case.





You can ask the landlord/manager to put in writing that everything is ok or what damages are present, however, they have no obligation to do so. You cannot make the landlord/manager sign any papers if he is unwilling to do so.





Your best bet to cover yourself is to take a lot of pictures, detailed and overall views, once everything is moved out and you have thoroughly cleaned the rental. Also, it is a good idea to have a couple of friends or family members to witness the condition of the rental upon your move out.





The landlord has 45 days in which to return the full security deposit. Make sure you give the landlord your forwarding address!





If the landlord is going to make deductions from your security deposit, he must give you an


itemized list of the damages along with paid receipts within 30 days of your move out.





If the landlord makes deductions that you disagree with, you should send the landlord a dispute and demand letter via certified mail, return receipt requested. Simply write why you are disputing the charges and demand the return of the disputed amount within a specific number of days. You can state that if the disputed amount is not received by you within the specified time, you will file in Small Claims court. Do not make phone calls and do not visit the office. Your demand needs to be in writing.





This is when proof of condition upon move in %26amp; out, copies of maintenance requests or repairs and other proof comes into play. You need to be able to prove, by a preponderance of the evidence, that the damage was present upon move in or that you did not cause the damage.





A preponderance of evidence has been described as just enough evidence to make it more likely than not that what you are trying to prove is true.





If the landlord does not return the disputed amount, file a case in Small Claims court. If the court finds that your landlord violated the security deposit law, he could be liable for damages in the amount equal to two times your security deposit, court costs, and attorney鈥檚 fees.|||Absolutely you can ask for the landlord to be there. Since you wrote down so many things that were wrong with the unit when you moved in and the landlord signed off on it, have him do the same thing again. That way you can compare the two lists and decide if there's anything you are really responsible for.





If the landlord refuses to be there, take detailed pictures of everything in the unit (including things that are broken or damaged) and attach them to a copy of the move-in report. Then the landlord can compare the pictures of what's damaged to what you wrote was damaged before. You could also fill out your own move-out inspection form and get a couple of friends to witness it.|||Provide them with a walk through form to sign at the time that you give them the keys. Somebody from the management company should sign off for you. Also you may want to take pictures and keep a copy of your lease. You would also be smart to read not only your lease but the section in the landlord tenant act for your state as to how the security deposit is to be handled.





Note the time frames and the obligations of both tenant and landlord. You shouldn't advise them that you are up to date on the landlord tenant act but you should persuade them to sign off on your walk through form. Provide two copies at the time of the walk through so that you have your own copy.

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