posted by admin on Jun 26
In March, 2000 when I moved in, I signed a "Rental Agreement" of sorts (not a yearly Lease) that the Landlord typed himself. It does not comply with the Florida statutes on several issues, i.e., stating that I must give 30 days notice before I move or I'll forfeit security deposit (that's if I move out before l year of date of agreement) so I know that part doesn't apply. Also, month to month only requires only 15 days written notice.
Having said that, here, among other things are the problems I am currently having. On July 18th I called gas company to check a gas leak in my stove. It probably was leaking for a couple of weeks but it did not smell like gas should smell, and I couldn't trace where it was coming from---just another foul odor. Anyway, the gas company immediately check it out and "red tagged" the stove for a leak in flex hose and range. The day before the landlord went out of town on a 3 week vacation! I called him on 7/21 on his cell to tell him about stove. So he finally got back and came to see me on 8/10! So I have been without usage of a stove for over 3 weeks. That's the first problem. Then on 7/23 I get a bill from the gas co. for over 6 which the landlord now is disclaiming responsibility for even when I told him the gas co. told me it was so high due to the leak. I believe it definitely is his responsibility!!!! He said he will replace the stove with a new one, but merely took copies of the "Normal bill" and the high bill I gave him and said his wife would talk to the gas company.
I definitely want to move and from his history of not returning security deposits, even if and when I find a suitable place I can afford, I would not like to pay him the last month's rent when I move.
Sorry for the lengthy question, but I need some real good advice.
Thanks so much.
Originally posted 2009-05-29 00:15:42.
May 29th, 2009 at 12:15 am
I used to work in Property Management but it was for a VERY large company so everything was strictly by the book. The gas leak is definitely not your problem. Regardless of whether he was on vacation at the time he could have simply made a call to a contractor & had them come out so that was his bad for sure. Most landlords will not give you a discount on rent for an inconvenience you suffered so you normally have to let that go. The bill however should be credited to you & at least he said he’s looking into it.
Regardless of the amount of deposit we had from our tenants, if they skipped rent we immediately sent them to legal (lots of extra fees) and if it was never paid it was put on their credit report. You should avoid that at ALL costs. Normally when you pay rent you are not paying for the previous month, you are paying for the current month so let’s say you give your 15 day notice on September 1st. Well you’re rent is also due on the 1st, right? So how are you going to avoid not paying for 2 weeks. Depending on how late they allow you to be on your rent they can easily send you into a legal process for not paying while you’re still living there. Our fees were about $600 extra for legal on top of the normal rent.
The other thing is how much security deposit do you have on file? Is it equal to at least 2 weeks of rent? Let’s say your rent is $1200 & you have $1200 security on file. Instead of paying $600 prorated rent for September you decide not to pay, they send you into a legal process incurring more fees, they keep your security deposit AND put this on your credit. You are much better off paying the $600, not getting yourself into a conflict & hoping for the best that they return something to you.
I hope I’m not complicating this or making your head spin. My advice to you is to pay your rent on time & do not piss people off that have money of yours. Document everything from the gas company. I’m hoping you kept the original bills & gave him copies. Photograph EVERYTHING in the apartment once your stuff is out & you have cleaned. 8 1/2 years results in wear & tear that is expected. They can’t normally charge you for painting or carpet replacement after that long. I would absolutely not give notice until the gas bill has been settled. If you give notice he will never address the issue assuming you’re going to be gone anyway & who’s going to hire a lawyer for a few bucks on a gas bill? He’ll just ignore you. So just keep it on the up & up and make nice until you leave. Landlords can be very vindictive when their tenants try to call the shots.