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Search RentLaw.com for more information |
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Moving Guides
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When the time comes for you to move - where do you begin? You may
be moving for a career change, divorce, death in the family, retirement,
financial reasons. Perhaps you are responsible for moving a disabled
family member. What ever the reason, we are organizing our moving
tips to help you think them through. We have also identified a few
books.
Also see:
Security
Deposit Guide or
Normal
Wear and Tear Guide
Be organized - think about what you have. Do you have to take
it all. Either have a garage sale or donate it to a local charity
- don't assume that no one would want your junk. Treasures
to others.
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Do a pre-move-in inspection. You can't be charged for "normal
wear and tear'' under most state and local laws. Do a move-in inspection
and take note of broken, burned, chipped or otherwise blemished items in
the apartment. Make sure the shower, toilet and faucets work.
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Check windows and screens. Above all, document, in writing,
anything that is less than perfect and attach a copy, signed and dated by
you and the landlord, as an addendum to the lease.
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Get a receipt or keep the canceled check. Sounds simple enough,
but a surprising number of people fail to keep the canceled security deposit
check. Without documented proof, the landlord can simply say he never got
one.
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Leave the apartment in the condition you rented it. Typically
leases require the tenant to return the apartment to its original color
or condition. Most landlords prefer painted walls with neutral colors, such
as off-white, grey or beige, as opposed to wallpaper or murals of Michael
Jordan. So before you decide to decorate, get approval from the landlord.
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Clean things responsibly. Use common sense. A thorough vacuuming, sweeping of the floors, washing of the
walls and wiping down of counters and cupboards will suffice. There's really
no need, for example, to steam clean carpets (unless it's to remove pet
stains or smells). In short, leave the apartment in the kind of condition
you'd feel comfortable moving into.
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Don't leave stuff behind. Many tenants make the
mistake of leaving unwanted items such as trash, old furniture or clothing.
If there's a charge to store the items or dispose of them, it can be deducted
from your security deposit. If the charges exceed the deposit, the landlord
can sue.
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Get a witness. After you've cleaned, have someone
take a walk-through to witness that you did leave the apartment in reasonably
good shape. It's best that the witness not be a relative, but it should
be someone who'd be willing to testify for you in court.
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Set up a time with landlord. Following your walk-through
with a witness, ask the landlord to do a walk-through so that you can show
that the apartment is in good condition. Then it is time to hand over the
keys and provide your forwarding address.
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Provide a forwarding address. A surprising number of tenants
don't get an expedient return of their security deposit because of a simple
mistake: They forget to provide the landlord with a forwarding address.
Give the landlord a self-addressed stamped envelope with your new address
on it, recommends RentLaw.com.
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Know your interest-rate rights. You probably
qualify to receive interest on your security deposit, although there are
exceptions for some cities and states.
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Follow up--in writing. The letter should highlight
that you paid a full deposit, left the apartment in good condition at the
end of the lease term and should also include your forwarding address.
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The letter should also state that the landlord
is in violation of the law for not returning the deposit (unless you were
previously notified), and should state that you should receive interest.
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In most states, you can sue to recover twice the amount of
your deposit, plus interest for each year the deposit was held, and
court costs and lawyer fees. Either in small Claims Courts or Landlord Tenant
Court in the county you live/lived in.
Find Lawyers. |
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