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Charging after using security deposit/fees

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Old Oct 25th, 2008, 04:37 PM     #11
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Default Re: Charging after using security deposit/fees

My landlord also used a black light to inspect the apartment and charged me part of the carpet replacement cost. My questions are:

1: doesn't landlord have to tell their tenants upon signing the lease agreement or upon moving-in about the use of a black light and the possible resulting charges to their tentants?

2: Don't tenants have a right to be given the same black light to inspect the apartment upon moving-in to make sure that no old stains were already there? If not, how would I know that the landlord isn't just trying to transfer the replacement of an already stained carpet to me under the disguise of the new stains?

3: I had a "preliminary inspection" about 3 weeks before moving out. I was never told of any possible charges at that time. I was told of such charges only after I moved out. It left me very little time to react. Shouldn't the landlord tell me such charges during the preliminary inspection? If not, what are "preliminary inspections" for?

4: My apartment complex openly accepts pet. My pet was listed in the lease agreement. I was asked to pay for an extra pet rent of $60 per month, which I dutifully paid on time each month. I assumed that the $60 per month was used to cover damages such as urine stain by a pet, especially when I was never told by property managers of the extra charges for the carpet and the use of a black light. Am I wrong, and why?

5: After I moved out, the property manager told me that it is the company's policy to use the black light to determine such charges. If it is a standard policy, shouldn't the landlord explain such policy to their prospective tenants before they sign the lease agreement? I feel being deceived. Had I known about such a policy and my pet rent covers nothing, then I wouldn't have rented the apartment or pay the pet rent at all. Don't landlords have a legal responsibility to inform their tenants about such practice at all so that the tenants can think twice before renting the place?

Please help me. Thank you.
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Old Oct 26th, 2008, 04:48 PM     #12
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Default Re: Charging after using security deposit/fees

1. No. There is no law to disclose such use of a black light.

2. You have the right to inspect the unit in any manner you wish when you move in. If you find damages that aren't listed on the move-in inspection, you can send the LL a dated list of other damages found at move in. SDend this certified, return reciept requested, and keep a copy for yourself to prove you informed the LL of such damages. This is your responsibility to inspect the unit you move into.

3. A preliminary inspection is not a complete inspection since it would be impossible to note all damages while your furniture was in there. This inpection only lists noted damages, not all damages.

4. The pet rent was for the privledge of having a pet, not for pet damages. That would be called a pet deposit. Pet deposits are used to cover damages. If no pet deposit, then security deposits cover all damages to a unit.

5. You had the opportunity to ask how the unit was inspected before and after your tenancy before you signed the lease. You could have asked about their policies then. Did you? LLs do not have any obligation to disclose inspection policies. Sorry. Be more vigilant about inspecting places you move inot, and about questioning LLs how they will do their inspections.
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