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Tenant requirements upon move out, even though we never signed a lease?

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Tyrsis

Member
I've been in this Apartment for six years, and we're about to give a 30 day notice.

We never put a deposit down, nor did we ever sign a lease.

I am definitely not the type to leave the Apartment in bad condition, so it will be cleaned thoroughly upon move out. However we did have pets, and there is some minor scuffs on the doors, and the carpet in the bedroom should be replaced.

Am I liable for those costs, given the amount of time I lived there, and the fact that there's no signed lease agreement?

(this is in California, btw)
 


LdiJ

Senior Member
I've been in this Apartment for six years, and we're about to give a 30 day notice.

We never put a deposit down, nor did we ever sign a lease.

I am definitely not the type to leave the Apartment in bad condition, so it will be cleaned thoroughly upon move out. However we did have pets, and there is some minor scuffs on the doors, and the carpet in the bedroom should be replaced.

Am I liable for those costs, given the amount of time I lived there, and the fact that there's no signed lease agreement?

(this is in California, btw)

The landlord can only charge you for the depreciated value of the carpeting (although some landlords will try to make tenants pay replacement value). Most apartment quality carpets do not have a lifespan of greater than 5-7 years. Therefore your carpet would have had a year of useful life left, at the most, and no useful life at all maybe. Therefore if your landlord tries to charge you for the carpet, you should argue that the useful life was already used up and therefore you are not liable for the replacement cost.

Scuffs on the doors are another story. You probably would be liable for those.
 

Tyrsis

Member
The landlord can only charge you for the depreciated value of the carpeting (although some landlords will try to make tenants pay replacement value). Most apartment quality carpets do not have a lifespan of greater than 5-7 years. Therefore your carpet would have had a year of useful life left, at the most, and no useful life at all maybe. Therefore if your landlord tries to charge you for the carpet, you should argue that the useful life was already used up and therefore you are not liable for the replacement cost.

Scuffs on the doors are another story. You probably would be liable for those.
Thanks. I assume that paint would be similar to carpet? We have a couple holes in the walls from hanging items, which we will fill in. They will have to paint obviously.
 

LdiJ

Senior Member
Thanks. I assume that paint would be similar to carpet? We have a couple holes in the walls from hanging items, which we will fill in. They will have to paint obviously.

Paint has an even shorter useful life than carpets.
 

adjusterjack

Senior Member
Am I liable for those costs, given the amount of time I lived there, and the fact that there's no signed lease agreement?

Even without a written lease you had a contract (unwritten) and are responsible for any damage (excluding normal wear and tear).

You'll have to wait and see what he charges you for and then feel free to come back to this thread and discuss.
 

LdiJ

Senior Member
Don't be surprised if he tries to charge you for a whole bunch of stuff. If he is not an experienced landlord he is going to have some sticker shock at what he is going to need to spend to get the unit ready for another tenant...and some even experienced landlords try to make the outgoing tenants pay for as much as possible.
 

Tyrsis

Member
Don't be surprised if he tries to charge you for a whole bunch of stuff. If he is not an experienced landlord he is going to have some sticker shock at what he is going to need to spend to get the unit ready for another tenant...and some even experienced landlords try to make the outgoing tenants pay for as much as possible.
Don't be surprised if he tries to charge you for a whole bunch of stuff. If he is not an experienced landlord he is going to have some sticker shock at what he is going to need to spend to get the unit ready for another tenant...and some even experienced landlords try to make the outgoing tenants pay for as much as possible.
It's a management company, so they are familiar. I'm more concerned with them being angry we're leaving (we're acting as the onsite manager currently, and that's why we wanted to leave) and trying to charge us with bullshit.

Long story short, we've been the onsite manager for years, and the owners sold the building to this management company. They've been a nightmare to work with, asking far beyond what we agreed to. They're horrible communicators and we have to point out their issues constantly. We are just moving on.
 

LdiJ

Senior Member
It's a management company, so they are familiar. I'm more concerned with them being angry we're leaving (we're acting as the onsite manager currently, and that's why we wanted to leave) and trying to charge us with bullshit.

Long story short, we've been the onsite manager for years, and the owners sold the building to this management company. They've been a nightmare to work with, asking far beyond what we agreed to. They're horrible communicators and we have to point out their issues constantly. We are just moving on.

Do you get paid anything besides free rent? They may try to withhold some pay. Just make sure that you leave the unit spotless and take lots and lots of time stamped pictures of the condition of the unit.
 

Tyrsis

Member
Do you get paid anything besides free rent? They may try to withhold some pay. Just make sure that you leave the unit spotless and take lots and lots of time stamped pictures of the condition of the unit.
Nope, just discounted rent. I will be meticulous and give them no excuses. We'll have a walkthrough upon move out as well.
 

LdiJ

Senior Member
Nope, just discounted rent. I will be meticulous and give them no excuses. We'll have a walkthrough upon move out as well.

You didn't even get free rent, just discounted rent for being the on site manager? What state are you in? In my area on site managers get free rent AND some wages.
 

Tyrsis

Member
You didn't even get free rent, just discounted rent for being the on site manager? What state are you in? In my area on site managers get free rent AND some wages.
California. Legally they need an onsite manager if the complex has more than a certain amount of units. They don't want to pay because then it becomes a whole ordeal with taxes, etc (though I'm pretty sure I'm supposed to claim my discount as income on my taxes...)

Like I said, the place sucks.
 
Ordinary wear and tear in the carpets cannot be charged against a tenant's security deposit. However, in case of large stains the landlord has the right to deduct a certain amount from the security deposit for replacing the carpets.
 

quincy

Senior Member
Ordinary wear and tear in the carpets cannot be charged against a tenant's security deposit. However, in case of large stains the landlord has the right to deduct a certain amount from the security deposit for replacing the carpets.
There was no security deposit. The age of the carpet matters when it comes to charges for carpet replacement.
 

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