renting advice - URGENT

[percival]

Brits, renters, landlords (lilac_bearry?)

My landlady hasn't set a time yet for the final walk through. She has been suggesting repeatedly that we do not need to be present for that walk through, but we would very much like to be, because we want to have a chance to listen, discuss, and explain. We also want to be given the opportunity to address any complaints she still might have after we've replaced a tatty old window pane (the putty that held this frame was CRUMBLING) and repainted 50% of the walls and cleaned the place from top to bottom and polished all the furniture.

Can we withhold the keys until we have our deposit back?
I need to know this before I next speak to her, which may well be Saturday morning.

She knows she can only reach us by e-mail, given that the phone only gets switched over on Saturday.

Comments

[annearchy.livejournal.com]

Maria, you absolutely MUST be there when she does the walkthrough. We did a long-distance move in 1987, the year after we got married, and were not around when the landlord came through. We had scrubbed everything as well as we could AND we hired a professional cleaner to clean the carpets. Landlord kept the deposit, saying we had trashed the apartment!!!! We didn't have time to go down to Chicago during the week to fight him. We tried small claims court but could never get the notice served to him because we only had a postal box address for him and he only used that to pick up the rent checks once a month. So if you are actually living in the same city as your old apartment, do your best to be present. Good luck! *hugs* Anne

[perceval.livejournal.com]

What cheek!

No, we are going to take photographs of the place to document its state.

We also have friends in the same city that can testify for us.

[apel.livejournal.com]

I doubt that you can withold the keys until you get back the deposit. It would count against you in small claims court. What you can do is post a letter stating your concerns and get proof of postage when you mail it. A copy of that letter will then be part of the evidence if/when you have to haul her to small claims court.

I have a very bad feeling regarding your landlady. She may not be the crafty type but she may have dodgy people advising her.

Taking pictures is a good idea. So is having witnesses and definitely be there for the walk-through. You can also insist on having her sign a release note right after the walk-through. She can claim that she doesn't want to carry with her as much money as your deposit is but signing a note that says that she hasn't found any faults at the walk-through is hard to wriggle out of. Bring a working pen!

[perceval.livejournal.com]

Ah, can I? that is good. Can she say that she needs some more time to determine whether anything needs to be done, and that she cannot inspect the flat thoroughly with us present?

[lilac-bearry.livejournal.com]

What a bummer!

I agree with everything Apel said, especially about the keys.

How we do things here is that we walk through the apartment with them with their check-in sheet they filled out when they moved in. Is there any kind of inventory move-in sheet like this?

Our lease states that residents can't recieve the deposit until the keys are turned in, no monies due, and forwarding address provided. Does your lease have any stipulations like this?

You might even check to see if there is a local renter's advocacy group that might be able to give you advice, etc.

Good luck...not all landladies are honest, unfortunately.

[perceval.livejournal.com]

Yes, there was an inventory sheet, but she wanted to check that in her own time, i.e. when we were not there.

getting back our full deposit now, luckily.