Update on rental problem

[cbear70]

We followed the law exactly and wrote the letter explained in the iowa tenants section.. we received a letter from her attorney explaining that we were not getting a dime back. What sucks is that she has pictures from the previous tenants damage and is using that on us. I am so pissed right now but according to the tenants association we can do nothing. We can't prove what she is saying is a lie... we have a lawyer calling us tomorrow but this truly sucks.

She is charging us for drapery cleaning, new carpet, new kitchen tiles and cleaning which she says took 40 hours.. there is no way. We are good people and telling the truth doesn't always work out in your favor. She is filling this lawyer with lies and she will probably win. We heard that Iowa favors landlords over tenants..There was no damage to the carpet, the kitchen tile had a gash six years ago from the previous tenants and we didn't smoke. She is accusing us of locking our dog in the basement and destroying the doors but we have a lab.. she is kennel trained and has never spent five minutes in a basement, the previous owners did that... but we have no proof.

Thanks for listening.. just don't know where to turn and needed to vent.
This sucks.

[bluestateguy]

1. I'm moving out in a week. Any advice?

I plan to do a walk through with a staffer on the day before I leave. I would just like to get some of the Security Deposit back (if they want to take out for rug shampooing that's fine).

[Mnemosyne]

2. Photos, lots of photos. n/t

[MissB]

4. I think the standard advice is to take pictures

Digital pics, pics with the staffer. Perhaps even with the day's newspaper in one shot to prove the date.

Your proof is your pictures - if you don't have pics, then you probably won't have much of a leg to stand on in court.

[cbear70]

5. my advice

probably should have been given at the beginning.. taking pictures and documenting... and not falling for the nice old lady scam. I wish I had good advice.. I don't think all landlords are evil...

Make sure you take pictures on how you left it..

good luck.

[bluestateguy]

10. Swell. Who will pay for the camera? Any takers?

I am not spending money to get my own money back. Last time I moved out, I spent $38 to rent a rug shampoo for one day so I would get my $150 depositt back. Still, the management only gave me back the full deposit after I complained.

[knitter4democracy]

27. Disposable.

You can get them cheap at Big Lots or wherever you have that's a step up from the Dollar Store.

[progressivebydesign]

37. Buy a disposable camera... really.

It is well worth the investment of 10 bux vs. what you could lose.

[EFerrari]

39. Whatever you agree to, try to get it in writing, even in an email.

If you should ever need to go to court, it's much easier to just show the judge. The party who wins is generally the one who can tell the simplest story first. And, maybe, that's right!

Good luck to you.

[Gormy Cuss]

3. Well, you leave as honest people

and she's a scumbag.

[cbear70]

7. You are right.

Makes me thankful every day we are homeowners now.

thanks.

[MissB]

6. That really sucks.

If you don't have photographic proof, then I suppose you'll leave this with the knowledge that you are a good, honest person. That and you'll always, always take pictures when you move in and move out.

[cbear70]

9. Thanks so much!!

[NMDemDist2]

8. sorry about the expensive lesson, but shows how critical it is to do a

walk through before you move in. you keep a copy, the landlord keeps a copy

then you have proof the damage was pre existing.

sorry for your troubles, it sucks I know :hug:

[cbear70]

11. you are right

We were trying to find a place in Iowa from PA.. realtor told us about this nice old lady.. we were down to moving in a day and had no place.. took it over the phone.. were so happy to have a place and she was so super sweet .. we knew no one here.. we were idiots..

yes an expensive lesson. .just pisses me off that she can lie and she wins. We don't even have a chance.

Sucks.. glad to be a homeowner now.

[SoCalDem]

12. When we rented, I took polaroids of EVERY ding in the wall

every stain on the carpet, every broken tile..and made the renting agent sign and date the pictures..

we always got every penny back,,

I hope you can still get some of it back..

We always had to pay 3 deposits because we had 3 small boys, a cat and a dog..

The last place we rented, we paid

$500 damage deposit -pets
$500 damage deposit-kids
$500=cleaning deposit..

and

1st and last month's rent in advance..:(

[DURHAM D]

13. Where is your original post ? I would like to review. eom

[cbear70]

16. here it is.. was in Iowa and gd

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=152x9479

[Turbineguy]

14. Just curious

(I do not rent) Does this person have the ability to affect your credit rating and such? If so, it might be better to walk away.

When I tell people what has happened to those who have screwed me over they invariably ask me to let them know if they are about to cross the line. And I haven't lifted a finger to get even.

You reap what you sow but more importantly, as Oscar Wilde says: "Revenge is a dish best served cold."

This person has sold her integrity for what? A few hundred dollars. She is more harmed that you are.

My 2 cents

[cynatnite]

15. We rented a long time before buying...

After getting hosed by a landlord several years ago we made a practice of walking through the first time with the landlord and taking pictures and notes. We did the same when we moved out as well.

Another piece of advice...during the time you're living in rental property take notes and pictures of any damage made whether it's by accident or purpose. Make a point of contacting the landlord about it and see what will be done. Take notes during the phone call.

In fact, take notes with every contact you have with the landlord.

We learned the hard way that most landlords only care about their money. If they lose a good paying tenent...more often than not, they'll turn on you like you're Benedict Arnold and nitpick you ever step of the way.

on edit:

Lots of pictures and notes help you.

[cbear70]

20. she was mad

She was so mad we were leaving.. we have paid her on time for six years and taken care of her home... maybe that is it.

She will get hers in the end.. we will talk with the lawyer tomorrow because it won't cost us anything.. benefit through work.. but will not pay through the nose to win..I am not sure if she can ruin our credit or not.

thanks so much.

[cynatnite]

24. We had a few landlords get pissed like that...

it's always about the money with them. One took us to court over damage that was done before we even moved in. We had to pay him $300 for it since we couldn't prove it. That was our hard lesson.

The last one we had before buying our house was wonderful. She was an older lady who had several homes and made a living renting out. We lived there for almost five years and always paid on time. She even helped me do the final cleaning on the house and kept out enough money of the deposit to cover cleaning the carpets. I was fine with that since it was only about $50.

If the final ruling is against you and you don't pay, it can ruin your credit.

I do hope everything works out.

[DURHAM D]

28. Does she by any chance have a real estate license ?

You can generally find this out online under state agencies.

If she does, you can file a complaint with the real estate commission. They will take her to task.

If not, she can not charge full value of the carpet if it was old
when you moved in. She needs to produce an invoice from the original installation so it can be depreciated (7-11 years is the usual life of carpet). She can not charge you for normal wear and tear - that's on her penny.

Just curious - what is the tenant's association? Are you in a college town ?

Will you need her as a credit reference for a loan on your house ?

[cbear70]

33. We live in muscatine

They were in the phone book.. I am not sure what the formal government name is but that is how they answered.

We are living in the house.. the loan has already gone through..even the first mortgage payment is done..

I agree. the carpet was old when we moved in and its been six years. We called the dry cleaners about the draperies and she over charged for them as well but I am not sure that is our responsibility either. They were her mothers and I was not taking them down for fear of destroying them. They were literally falling apart and I wasn't sure how attached she was being 92.

She does not have a real estate license..just a nasty family who wants her every dime.

[Truthiness Inspector]

17. That stinks

I kid you not, I once had a landlord that kept my entire deposit because of a broken toilet seat. I knew the manager of the building who is the one who told me that the only repair/cleaning that was done upon my departure was spending $10 to replace the toilet seat, but he couldn't get the landlord to budge either. I've had great landlords too, but that one should be forced to wear a toilet seat around his head in public with a sign.:mad:

Good luck, and I hope you find a way to resolve this in your favor.

[juajen]

18. In future, take pictures of the property at the beginning

All flaws should be photographed and noted in the lease as damage already done. Also take photos of the property as you are leaving it; preferably with the landlord signing off as to condition. This should protect you coming and going.

[Lars39]

19. Are the photos she is trying to pass off as current date stamped?

[cbear70]

21. That I do not know

She told us through her lawyer. We haven't seen the pictures just descriptions and her side of the story. We were so angry that things she explained to us six years ago and things we have lived with..we even painted the kitchen and bath at no cost to her..

Just mad.

[EFerrari]

22. Did you do a walk-through with her when you moved in?

I mean, did you walk through and note on a form as to the condition of the property?

My last tenant tried to take me to the city for mold in his unit when I had just redone the place from the studs out and he brought the mold in on a piece of furniture. It was just bizarre because he didn't even approach me first, one day I just got a notice from the city.

Of course, he only paid rent twice in the six months he lived here. And when he left, there was mold making an outline of some chest of drawers he had in the bedroom, Really strange.

But, we'd done a walk through when he moved in and I had photographed everything so his plan didn't fly.

[cbear70]

25. walkthrough.. but no form

We had just gotten in from PA.. 18 hours and she was there..it was the first time we had seen the place.. we needed a place, she provided it... we were so scared and excited to be starting in a new place, new job that we didn't even do a form.. stupid I know.. We had rented for nine years before, always did the form, always had a lease and always got our security dep back..this was no lease..no walkthrough form.. just my friend, my husband and me..thats all. Just a sweet old lady in Iowa that was like a grandmom...:banghead: :banghead: :banghead: :banghead: :banghead: :banghead:

[EFerrari]

31. Sit down and try to remember that walk through and write out

whatever you can.

It might be better to walk awaY from this one but you know, just about everyone I know has at least one story like this one. I'm so sorry!

[cbear70]

34. I did do that, thanks

I wrote down everything from the beginning through her nasty phone calls to us and will give that to a lawyer tomorrow...

thanks so much:grouphug: and we still may walk away..

[LeftCoast]

23. Well, it's not much, but you could inform the new tenants of her practices

so that at least they won't get screwed. If you really want to get a bit of satisfaction, let the ol' biddy know you're going to do it too. Nothing she can do about it. Free speech and all. :)

[cbear70]

29. We have done that

We even told them to run , not walk away from this. She refuses to give a lease to them too. The girlfriend won't walk away but the guy wants too. We both work with him and he is upset about what is going on.

[LeftCoast]

44. Good job!

Hope they stay away from that apt!

:thumbsup:

[qanda]

26. ...

This sounds like a case for Judge Judy. Sorry for your troubles.

[Wcross]

30. I never have had my deposit returned.

They always claimed some kind of "damage" or cleaning problem. I think the majority of landlords are like that.
I bought my first house three years ago and it is sweet! There is nothing like having no landlord. I highly recommend it!

[DURHAM D]

32. Not all of us. eom

[Wcross]

38. That's why I didn't say ALL of them.

I have heard of people getting the deposit back, I have never had the pleasure.

[pitohui]

35. yes there are no "nice" old widow ladies when money is involved

individual landlords and landladies -- everyone i've ever known is pretty much a criminal and a liar, they feel they have to be to make up for the tenants who don't pay

i know, i know, some people will pop up here and say they are good landlords, fine, but unfortunately i would have to meet an honest landlord in real life before i am going to believe my invisible friends on the internet -- and it has never happened

nothing like owning your own house so you don't have to deal w. crooks and desperate slum landlords

[cynatnite]

36. Sad to say...we knew only one who we would consider really wonderful...

She was a good-hearted woman who I would rent from again if we had to. We really liked her a lot.

The others we had were okay, but we were experienced enough to cover our asses so we could get our deposit back. This was after getting hosed by a greedy jerk who got pissed that we were moving.

We do own now and I totally agree...there is nothing like owning :)

[rucky]

40. Written walk-thru...

that's pretty much the only CYA move that renters have.

I say let her take you to court. See how she operates under oath.

[allalone]

41. go to court for sure

hey, lawyers lie. Picture statement may be a bluff.

[noamnety]

42. When you first moved in

You didn't take pictures of yourselves in the new digs, or photos at Christmas ... or anything?

Most times when I move into a new place I have at least a few photos over the years - not taken for damage purposes, but maybe to send to my parents to show the place off, or a photo of a pet in the kitchen ... stuff like that.

[cbear70]

43. We do have those

And will use what we have. I am an avid photographer, I just didn't take photos of damage individually.

thanks so much.

[cbear70]

45. We are walking away

We talked with the lawyer who said the same thing everyone has said.. he said she said.. she has pictures , even though lies.. she wins.. We can fight her but she has the upper hand and it will cost us.

We lose. But we have our integrity and our new home and she can rot with her money.

Thanks for all your help and guidance. I do appreciate it.. you guys are the best!!!:grouphug: