What are my rights when renting my apartment??

Question

I am planning to move into my new apartment this weekend, but it doesn't seem like my landlord is preparing for it. I went by yesterday and the house still has junk laying around from the previous tennants (who moved out 8+ months ago) and looks like he's using the front porch of it for personal storage. He went ahead and gave me the key and I paid half of the deposit. I don't see where he is making any plans to have it cleaned or move his stuff off my porch. It's mine, though, right? If I'm renting the place, shouldn't he take his stuff and move it?? I plan on calling him today to ask about him cleaning it before I move in, but who knows when he'll get to it. Any suggestions or references I can use when I ask him about this? I have not signed a lease at this point and so I don't think I have any legal ties at this point. He gave me a copy of the key tho..

Answer 1

For the protection of both parties there should ALWAYS be a Move-In/Move-Out Inspection Report done at both ends of the rental period. Here is one to use as a guide: http://www.ilrg.com/forms/rental-checkli... Customize it to your property, but the tenant can note all the less-than-perfect conditions at move-in so they won't be responsible when they move out. And both sign it and keep copies. It doesn't obligate the landlord to repair everything on it, but it does document the tenant isn't responsible.

Before you sign the lease be sure to write on it (and both initial) that all property left in the apartment or on the porch is considered by both parties as trash and can be disposed of at will. Either that or refuse to sign the lease and take your deposit back. Take lots of photos of the condition of the place, in any case to have as evidence if you must sue him.

Answer 2

You should know that landlords do not HAVE to have you sign a lease at all.  Sounds like this guy won't have you sign one at all.  A lease is basicly for the protection of the landlord, not for you, the tennant.  If there is no lease, there is nothing anyone can do for you legally at all.  If he hasn't cleaned, goodness knows what else is going wrong in that apartment: mold, infestation/vermin, potential structural problems.... not cleaning for a tennant is the first sign that a landlord has a lot of "deffered maintenence" to do, which could mean that your new apartment is unhealthy and or unsafe.  

The fact that you have not signed a lease, and he's showing signs of being a "slum-lord" may ALSO point to him not handeling your money properly.  Your deposit LEGALLY belongs to you, and shouldn't be put into his personal bank account, but should be in a savings account or a trust, because it's NOT HIS MONEY.  I'd be willing to bet that this guy is NOT doing things right with YOUR money and his cashflow.  Is he asking you to pay him in cash??  If you DO move in there (you shouldn't) you MUST get SIGNED AND DATED recipts for any payments you make to him.  He could claim at any time that you have not paid him the correct ammount!  Besides that, who is paying the utilities!  Without all this layed out, he can come back and bite you ANY TIME!  Remember that any recipts you get will be worthless if you don't have a lease signed.  IF he DOES present you with a lease, YOU'D BETTER READ THE WHOLE THING!!!!!  

Knowing ONLY what I know from what you have typed here, I'd call the guy and ask when you can come return your key and get your deposit back, because you won't be moving in.

If this is your first apartment (and it sounds like it is) I'd reccomend trying to get one through a larger apartment complex that will be more attentive to your needs- this will give you the opprotunity to understand what you SHOULD see in a lease, and how an apartment is made "tennant ready".

Answer 3

I hope you got a receipt for your half of the deposit.   This guy sounds like a real slacker.   It sounds like this apartment is rundown and gross if it has junk on the porch.    Slumlords tend to treat their tennants like c**p.    Always get receipts for any money that you give this guy.   Cant you find a better place than this that you can afford?   These are pretty big warning signs already.

Answer 4

How old are you? The place is not close to being ready and you gave him a deposit anyway? What the h**l was you thinking at the time, and no the place is not yours till you sign a lease. If I was you, I try and get that deposit back and return his key and look for a place elsewhere. Again, how old are you?  and use some common sense. If the place is not perpare, maybe he doesn't want you as a tenant. Always remember, to look at the place your thinking about renting and make sure it's ready for ownership before putting down a deposit or accepting keys to the place. And always sign a lease, after you walk thru with the landlord together.

Answer 5

In this case, you probably don't have any obligation to him. I say that without absolute certainty because I don't know where you live. In the US, you have two parts of a contract here, (offer and acceptance) but you are missing a third (consideration), so unless your state has some strange stipulation in place, you can give the key back and call it a day. Granted, he might say he's keeping your deposit money...which he cannot, but the only way you can get it back is to sue. Suing at this stage will cost you more than simply letting it go.

Call him and find out what the deal is first...I would probably be ready to pull out of this deal though if I were you.

Answer 6

Unfortunetly, it's the landlords property and he can do whatever he wants with it. If his junk is visable to the public, you can report it to the city and they can force him to clean it up. But, if he finds that you have reported him, he may evict you. Since nothing has been signed yet, you can still back out and find another place.