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Normal Wear & Tear

The TVClubHouse: General Discussions ARCHIVES: Jul. 2007 ~ Sept. 2007: Normal Wear & Tear users admin

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Cathlene
Member

07-28-2007

Wednesday, September 12, 2007 - 8:02 pm   Edit Post Move Post Delete Post View Post Send Cathlene a private message Print Post    
I've been in this apt for almost 5 yrs & 2 yrs ago we got new owners ( Lyon Mgmt Grp ). I cannot find anywhere in the Georgia Apt law that says what is considered normal wear & tear especially when it comes to the light beige rug that was not new when I moved in. I never had a walk thru & there was tile,cracked window,worn bathroom damage that old owners knew about but I was given a reduced rent because of it & it was never fixed. There is also ceiling damage from the upstairs unit when their water heater burst. This new owner is really bad & lot's of people are having problems with them because they can't find original records. Can anyone tell me what I can expect & what is considered wear & tear after nearly 5 yrs? also, my cat ruined 2 blinds that I was going to replace but I put down a deposit which I assume they will keep & it's probably cheaper for them to replace the blinds than for me to. The apt in from the 80's so nothing is in good shape anyway & they will probably re-model it. Any advise would be appreciated please. I want to do the right thing. Thanks all!!!

Kitt
Member

09-06-2000

Wednesday, September 12, 2007 - 10:40 pm   Edit Post Move Post Delete Post View Post Send Kitt a private message Print Post    
My experience with Management Groups has not been pleasant. I have never had a professional be as rude to me as the woman I spoke to was! If that's typical (and I don't know if it is) I would say, unfortunately for you, that the fact that you didn't have a walk through might mean that they can really charge you whatever they want to fix whatever they deem damaged.

It sounds like you had a good relationship with the old owners - could you get into contact with them? They might be able to write a letter on your behalf saying the carpet was worn when you moved in. They could also make a statement about the damage on the ceiling. Do you have any copies of correspondence with them when you moved in? If you stated it in a letter that might be almost as good as having a walk through sheet.

If you can find blinds that match it would probably be cheaper than have them take that out of the deposit, however if they're not playing nice and look like they're going to keep all the deposit don't give them any more money - let them replace the blinds out of that.

I hope they are a good company but I think sadly you might have to just resign yourself to losing your deposit. Sorry :-(

Merrysea
Member

08-13-2004

Thursday, September 13, 2007 - 7:41 am   Edit Post Move Post Delete Post View Post Send Merrysea a private message Print Post    
When I moved into my apartment in California, I was told that, even though the carpet was new, if I stayed for six months I didn't have to worry about it. I was there for eight years (with three kids, all their friends, and housebreaking a puppy), and when I moved, I got all of my deposit back. Of course, I was really lucky because they were going to turn the apartment into condos, so they were pretty much gutting them, and told me I shouldn't even bother to clean it!

Karen
Member

09-07-2004

Thursday, September 13, 2007 - 9:28 am   Edit Post Move Post Delete Post View Post Send Karen a private message Print Post    
Cathlene, I couldn't find anything specific to Georgia law, either, but I did find THIS SITE with some info:

The laws that govern the security deposit vary from state to state, but commonly the term "ordinary wear and tear" is used to describe the allowable amount of use (i.e., wear and tear) of a rental without the tenant being financially responsible for repairs or maintenance. A certain amount of "normal" use of the rental unit will result in an anticipated and reasonable amount of wear that will result in the need for repair, replacement or other maintenance work. The tenant should not be responsible for these costs since they are considered normal maintenance and the cost of being a landlord.

The time frame for each item such as carpets or paint varies depending on certain factors, which include the quality of materials used and the number of tenants (and pets) in a household. There is no exact amount of time, by law, that each item should last before it is worn out and needs maintenance, repair or replacement. Some landlords may have items wear out unreasonably soon due to exceptionally poor (i.e., cheap) materials used. Other landlords may have items in their rentals last a very long time because of high-quality materials they chose to use. Now factor in the variance between a full household with heavy wear behavior as opposed to a single person who works two shifts and is hardly home. Each situation may be considered normal, at least for them.

What is normal and ordinary wear and tear in each situation continues to defy exact definition despite our best efforts. Some property owners or management companies make a good effort at resolving this dilemma by telling the tenant up front that certain of their items have anticipated life spans under normal use. As long as those time frames are reasonable, both landlord and tenant may use them to at least try and assess who will be responsible when an item wears out or significant maintenance is required.


I also found THIS WEBSITE which has the Georgia application for leasing / subletting. At the bottom is a 'submit a question' box that might be able to help you.

I would guess that after five years, paint and carpet are not any of your concern. If the ceiling damage is from water from an upstairs suite, you might be OK there, too, as long as you informed the landlord of the damage when it happened. Ugly and old or not, you could be on the hook for the blinds, sadly.

Good luck!

Karen
Member

09-07-2004

Thursday, September 13, 2007 - 9:30 am   Edit Post Move Post Delete Post View Post Send Karen a private message Print Post    
You might also want to go right to the source? Go to the Lyon Management "contact us" page (http://www.lyonapartments.com/about1.php) and ask them directly what they consider normal wear and tear. Seems there isn't a set standard, so maybe see how they handle it?

Abby7
Member

07-17-2002

Thursday, September 13, 2007 - 9:47 am   Edit Post Move Post Delete Post View Post Send Abby7 a private message Print Post    
imo the new management/owners should have done a walk-through (and take notes/photos) of the apartments before the purchase of the property.

make copies of any documents you have and write a detailed letter explaining the agreement you had with the old owners. i take it you didn't sign any new documents with the new owners?



Rissa
Member

03-20-2006

Thursday, September 13, 2007 - 10:43 am   Edit Post Move Post Delete Post View Post Send Rissa a private message Print Post    
Abby is correct and I would also take a stab at trying to get something in writing from the old owners if you can track them down. I managed a high-rise apt and can tell you what would happen from the other side of the coin. Wear and Tear is just that... carpet worn, paint faded, rub spots , etc. Damage would not be considered wear.

Basically in btn tenants we send in a cleaning crew to spic/polish the apt. If the unit is not rentable without work beyond that then it would PROBABLY come out of the deposit. Age of unit, length of tenancy all play a part of course.

Also your building should have a list of what it considered *reasonable* charges for different types of damage. For example where I was working the tenant had (as part of their lease) the responsibility to steam clean the carpets before vacating. We charged $75 if we had to do it and lots of the tenants decided it was easier to just let us do it.

The tenant also has the responsibility to notify management immediately of any damage in the unit so it can be fixed immediately. We did arrange for service calls to fix/repair blinds, toilets, taps, etc during the tenanty but if the tenant left it until they moved out and we couldn't rerent until a contractor could come in then we would take it out of the deposit. Usually one tenant vacates on or before noon on the last day of the month and the new tenant moves in on noon on the 1st of the month. If we can't move a tenant in, the owner could lose a whole months rent so that is the #1 guiding light.

I am rambling now but I keep thinking of things, there is no black/white. Anyway, when a tenant gives notice we always do a prelim walk-through so the tenant is aware of concerns we may have and we can see if the unit will need updating before we commit to renting it to someone else. We also give them a move-out package including a list of what is expected as fast as cleaniness and the charge-list for defiencies. Communication is key for a smooth move.

Cathlene
Member

07-28-2007

Thursday, September 13, 2007 - 2:02 pm   Edit Post Move Post Delete Post View Post Send Cathlene a private message Print Post    
I want to thank you all for your advice & info. You've all been alot of help!!!

Escapee
Member

06-15-2004

Thursday, September 13, 2007 - 2:05 pm   Edit Post Move Post Delete Post View Post Send Escapee a private message Print Post    
Make a list of EVERYTHING that was an issue with the place when you moved in, things that were/are dirty, broken, etc. Keep that list. Make a copy of it before you move, give it to the owners. If they try to gip you on your deposit, hello small claims court.

Cathlene
Member

07-28-2007

Thursday, September 13, 2007 - 3:32 pm   Edit Post Move Post Delete Post View Post Send Cathlene a private message Print Post    
I don't expect to get my deposit back ( only $100 ) I'm more worried about things they'll charge me with AFTER I leave. It happened to me once before about 5 yrs ago & I still can't get it off my credit reports!!