Expert: Ira Kahn - 3/1/2008

Question
QUESTION: On 02-06-08, I was informed that the property I lived in was sold and we had 60 days to vacate property. If we move out by 03-06-08, we'd get our deposit back. The prob. is that when I moved in the property 4 1/2 yrs. ago, walls were filthy, carpet hadn't been changed since 1978, windows were falling apart and the garage and side of the house had junk that belonged to the previous tenants. My landlord was given a tour of the house,and he agreed that I would not be charged a cleaning deposit, but only first and last months rent because I took the place as is. I painted the walls, threw out half the garbage in the garage - which still has some of the other tenants stuff in it. And, I cleaned the carpets once a yr, since I couldn't get the landlord to replace the old carpet. And, I maintained the front & back yards. And, even took care of small plumbing issues. I made the house decent. Rent was cheap so I didn't mind having a couple of broken windows.And, my landlord and I had a very good tenantlandlord relationship. So, I never complained.
Anyhow, my landlord has sold the property and the new owner's rep is saying they are deducting $$ from my deposit. Though, I stated in an estoppel letter I signed and sent back about my verbal agreement with the previous landlord that I rented the property as is and that I would leave with what I moved in with only. Anything else, would be left as it was before I moved in.
Can they do that? And who really is responsible for giving back my deposit? Plus, my landlord sold his property AS IS.

ANSWER: lots of issues going on there. I surmise that you did not have a lease but a month to month tenancy. if your new LL accepted you as a tenant, it would be under the same terms, unless the new LL made a new agreement. It would not seem right that the new LL would deduct you sec deposit, as that should ONLY occur when you vacate the premises. If you did not damage the premises, he has no right to deduct from the sec  dep. write a letter certified mail to the rep protesting, and if you get no satisfaction be prepared to go to small claims crt, or LL/T crt when you vacate the property. good luck

---------- FOLLOW-UP ----------

QUESTION: Yes, I was on a month to month tenacy. But, the issue here is that, yes, the windows are still broken as they were 4 1/2 yrs ago, the other tenants trash & garage junk is still there as it was 4 1/2 yrs. ago and when I move out with the stuff I came in with and leave the junk & stuff that the previous tenants left before I moved in....I am, going get penalized for the clean up costs......My landlord sold them the property AS IS. The new owners had come in and inspected the house prior to buying the property. And , I did list in the Estoppel agreement what was not listed on my rental lease about my verbal agreement with my landlord. The reason I never repaired the windows was because my landlord wouldn't spring for a new carpet. I wanted a new carpet, in return, I would fix the windows and put in a new floor in the kitchen and bathroon. He never put in the carpet, so, I let the windows and floors as is, even after some of the windows fell out of their frames and I had to board up 3 of them. And the only new thing my old landlord ever replace, was a water heater and the garage door. And, that was because the old garage door fell on my ex boyfriend due to it being over 20 yrs. old and the water heater was over 15 yrs old and I awoke one day with it leaking all over the floor due to it being so corroded.
I guess  I'm out of my deposit, huh
I have pics of what the the rooms looked like before I painted them, but, other than that, I have no other proof.....Other than my conversations with my ex landlord. SHould I see if I can get a letter from my old landlord stating that the was was in that condition when I moved in?

Answer
yes, absolutely get a letter from your ex landlord, as your new landlord stands in his shoes. tough situation, but hopefully you wont get penalized. any damage you caused should be out of your own deposit, but if you didnt cause the damage, you are not there to subisdize the owner. and fix up his property. you just simply must maintain it in the condition you found it, normal wear and tear excepted