My housing company like to gives us a deadline on telling them whether or not we plan on renewing the lease. They like doing this several months before the lease is actually up, and only give us 1 week to make a decision.
After they know who is resigning the lease, they pretty much cease upkeep and maintenance of the apartment complex and responding to tenant calls until about the week before move in for new tenants.
They also enter apartments unannounced early in the morning to give prospective tenants tours of the apartment. They never tell you if they are coming and they'll walk right into your bedroom even if you are sleeping (the lease forbids putting extra locks on doors.)
However, the ACTUAL resigning of the lease doesn't take place until a few weeks later.
So my question is: Can I tell them that I AM going to renew my lease when they give me my 1 random week to decide and then when it comes time to actually renew it, tell them I changed my mind as a result of their lack of service? (Which always is extreme). I do not want them entering my apartment unannounced with strangers and I definitely want to move out.
Since I haven't actually signed a new lease, am I allowed to "change my mind" at the last moment?
They can't withhold my security deposit for that right? Last time I checked, security deposits can only have deductions made to them for damages to the premises, correct?|||I would be checking with your local authority on this as it seems you are being victimised. Entry into a tenants property isn't allowed (in Oz) without giving 7 days written notice unless agreed to otherwise and never without 24 hours notice.
First step - Immediately type up a letter stating that access will be happily given in the future as long as 24 hours notice is given and it is agreeable with you to let them in at that time. I would also tell them that each and every time they do enter without prior notice that you will be filing a complaint witht the police for unlawful access/trespass. You must also request that they take all names and phone numbers for anyone being shown through so that if anything goes missing that you can give that to the police as well. Please word this so that it is polite but firm and don't be emotional about it. Don't use words like "I don't like it" or "scared" or "violated" these won't work and won't do you any good. Just keep it polite but fair and firm.
Secondly I would be documenting EVERY time they come and every time they don't ring and request permission and then going through with your stated intent and go to the police.
Third - As for leaving I have to admit this sounds like an excellent idea so give the required amount of notice and you may have to put up with any lack of maintenance for that period. It's not fair I know but you are one person fighting a large company and they can bully for a lot longer than you can hold out.
On getting your security bond back here are a few tips.
1/ Pay all rent right up to and including the date of departure
2/Keep all receipts and if they won't issue one go and get a bank cheque with the name of the company and the rental dates it is for.
3/ Cleaning is a big thing and these are the common things that get missed and will cost you - Oven, curtains, tops of cupboards, inside cupboards, door handles (yep they can be filthy), carpet (this is a big one but get it steam cleaned and deoderised and KEEP THE RECEIPT), shower doors, baths and toilets. It sounds like a lot but you want the place to be absolutely spotless when you have your final inspection or they will find someway to keep your deposit.
4/ Open every window in the place for a week before to give it that fresh air smell
5/ Using really hot water (about a litre) and a couple of tablespoons of ammonia wash every window. Really quick just wash over and wipe dry immediately with a clean dry cloth. This makes the place look good really quickly.
6/ Get your mum to come through first - mums are always really good at seeing where the 'dirt' is
7/ Last take heaps of date stamped photos. This way if they claim you left something damaged or unclean you have proof that you did the right thing.
If you make a really big effort for about a week before you go and have it just right they will be hard pushed to claim your money. Keep every receipt you have and keep a copy of the letter you send. Good luck. I do hope this helps in some small way.|||I think you are okay with that until you actually sign the lease as long as you still give the required notice (usually 30 days-check your lease) that you are moving out. Make sure you document any calls for maintenence that aren't responded to. Also I believe they are supposed to give 24 hours notice if they come in for non-emergency reasons.|||If you plan on moving and want your security deposit back, then don't tell them you are staying. Oral contracts are binding. If you change your mind they may keep your security deposit. I'm not saying they will, I'm saying they could, and its not worth the risk. Landlords are allowed to enter your apartment at anytime with proper notice, or in emergency situations only. Check online for the landlord/tenant laws in your state. Send them a letter referencing the appropriate statute asking them to give you notice before entering your apartment. They could get themselves in real trouble doing that crap.
Edit: Forget the lease. Check the for the appropriate laws online. Anyone can put anything they want in a lease, but that doesn't mean its legal.|||Personally? I think you should move out.
First, I can tell you now that several provisions in their lease are against the law...a landlord cannot "waive" your legal rights in a lease...even if you sign it.
So, provisions such as not requiring any notice and they can show up whenever, is denying you your legal right to "quiet enjoyment".
I also don't believe your story about a dead body being left in an apartment for 3 weeks...all you had to do is call the police, and the coroner would have had it removed within 24 hours.
You don't call the landlord to report a dead body, you call the authorities...and, for your FYI, the landlord cannot legally have a dead body removed to start with...that is why I don't believe your story.
|||READ YOUR LEASE. It should give the time-frame for renewal annoucements as well as documentation for "last thirty days showing" of the apartment to prospective renters.
They should give a call before they come over and the best dig at them is to always keep the chain on or have a removable blocking device activated whenever you are home.
If it was me, I would tell them that I made my residency decisions In the 30-60 day period and I'll get back to them within the time-frame shown in the lease. You do, however, chance that they may simply inform you your lease is not being re-newed, which is generally their right. But with the conditions you describe, I wonder why you want to continue living there.
The security deposit is indeed for damages (including fines, if listed).
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