Rental Law

[jackass]

Ok. Anyone know anything about rental law? I recently moved out of the house we were renting. I was charged $650.00 to paint 2 rooms of the house. Needless to say that seems extremely overpriced. The house was not painted before we moved in and we had lived there for 2 years. Wouldnt this fall under normal wear and tear? Does anyone know the law about the need to paint between tenants? Thanks

[Mr. P]

Check this out.


http://www.rentlaw.com/normalweartear.htm

[PostmodernProphet]

I have been specializing in landlord tenant law for 28 years, but more than any other area of law, landlord/tenant varies from state to state....here is my website..... www.michiganlandlord.info

[crin63]

When I was in a situation with a landlord I went California's website and read up on tenants rights. It was quite helpful.

The landlord wanted to almost double my rent in 30 days. I couldn't afford it and had to find another place to live. California law said he had to give me 60 or 90 days notice in writing of any increase of more than 10%. He wasn't happy but it gave me time to find another place to live.

[Yurt]

When I was in a situation with a landlord I went California's website and read up on tenants rights. It was quite helpful.

The landlord wanted to almost double my rent in 30 days. I couldn't afford it and had to find another place to live. California law said he had to give me 60 or 90 days notice in writing of any increase of more than 10%. He wasn't happy but it gave me time to find another place to live.


yes the CA is very helpful. JA, check not only the state's websites, but search landlord/tenant lawyers like PMP (though not someone whose website says they assist the landlord:laugh2:), sometimes they will put up helpful information or at least point you in the right direction.

if it was me, the first place i would begin my investigation into this matter would be the conract you signed. if no contract, you may be sitting pretty, depending on your state law. did you take pictures when you first moved in? did you do a walkthrough with LL and/or did you note anything in writing, like a checklist?

if your LL will not see the light if you feel you are right and vindicated, you might consider small claims court, no atty and small fees to file.

[PostmodernProphet]

but search landlord/tenant lawyers like PMP (though not someone whose website says they assist the landlord:laugh2:),

hey, when I got out of law school I said to myself....who goes to court a lot, usually wins and has enough money to pay their legal bills.....I came up with landlords.....I haven't missed a mortgage payment since....

[PostmodernProphet]

I would say this should tell you everything you need to know....so long as that SC in your location really means South Carolina....

http://www.scstatehouse.gov/code/t27c040.htm

[Yurt]

hey, when I got out of law school I said to myself....who goes to court a lot, usually wins and has enough money to pay their legal bills.....I came up with landlords.....I haven't missed a mortgage payment since....

true enough, a friend of mine told me that in los angeles there are less than 5 firms/lawyers that specialize solely in LL/T law with a focus on the tenant. i was actually mildly surprised......given the wee amount of lawyers down there. in my mind i guess i thought of it like bankruptcy law, if you are going bankrupt, how can you afford a lawyer? well, there are a good number of BK lawyers out here.

hey, if you miss a mtg payment, we'll bail you out!

with the above said, there are most likely plenty of lawyers that might take your case, they may not specialize in LL/T law, but a good lawyer understands the law and can do his or her research and competently represent you. a side note of advice: if you can't afford a lawyer for the specific issue, here LL/T law, you can always ask if they are taking pro bono. all they can say is no and sometimes if you have a compelling story or legal issue a lawyer may take a case out of personal interest. you never know.

[Yurt]

Ok. Anyone know anything about rental law? I recently moved out of the house we were renting. I was charged $650.00 to paint 2 rooms of the house. Needless to say that seems extremely overpriced. The house was not painted before we moved in and we had lived there for 2 years. Wouldnt this fall under normal wear and tear? Does anyone know the law about the need to paint between tenants? Thanks

i just noticed the above

there was no paint anywhere on the house? or simply that there was not a fresh paint job in the rooms you the LL is charging you for? i assumed the latter. and ass u ming is bad.

[crin63]

Did it come out of a deposit? If so was the deposit a cleaning or security deposit? I know LL's who charge a cleaning deposit and you are not getting any of that money back regardless of condition when you move out. You will never clean or paint to their satisfaction.

I'm not an attorney but if it came out of a cleaning deposit you may be out that money on the other hand if it was a security deposit then it should be normal wear and tear.

[Yurt]

Did it come out of a deposit? If so was the deposit a cleaning or security deposit? I know LL's who charge a cleaning deposit and you are not getting any of that money back regardless of condition when you move out. You will never clean or paint to their satisfaction.

I'm not an attorney but if it came out of a cleaning deposit you may be out that money on the other hand if it was a security deposit then it should be normal wear and tear.

as you know i am new attorney, but i am appalled at the cleaning deposit. i am not so sure they can arbitrarily charge whatever they want out of your deposit for cleaning, unless you agreed to it. and then you would of course need pictures/evidence against his word/pictures. if possible, do the walk through with the LL.

.........my wife says this is common practice and her peeps have experienced this. crap. and she says that it is only a few hundred dollars, enough to piss you off, yet small enough you can't do anything about it.

man, i have a lot to learn. disgusting though.

[crin63]

as you know i am new attorney, but i am appalled at the cleaning deposit. i am not so sure they can arbitrarily charge whatever they want out of your deposit for cleaning, unless you agreed to it. and then you would of course need pictures/evidence against his word/pictures. if possible, do the walk through with the LL.

.........my wife says this is common practice and her peeps have experienced this. crap. and she says that it is only a few hundred dollars, enough to piss you off, yet small enough you can't do anything about it.

man, i have a lot to learn. disgusting though.

She's exactly right. I had it happen to me 3 times.

I just expect that any cleaning deposit will not be returned when I move out.

God willing I won't have to ever deal with that again since escrow on my house closes next Friday.

[jackass]

Thanks all! It was out of our security deposit. We had a checklist from the LL and there was nothing about painting.

Yurt, there was not a fresh coat on the walls. The way I look at it, if someone lived there for a year before me and my 2 years, thats 3 years and 2 tenants. It should be under normal wear and tear.

[Mr. P]

Thanks all! It was out of our security deposit. We had a checklist from the LL and there was nothing about painting.

Yurt, there was not a fresh coat on the walls. The way I look at it, if someone lived there for a year before me and my 2 years, thats 3 years and 2 tenants. It should be under normal wear and tear.

It is..read the site I linked.


Normal Wear and Tear may include things such as faded paint - you yourself did not cause the paint to fade, thus you would not be responsible if and when the landlord decides to repaint.

[emmett]

Most landlords are scumbags!