Landlord entered apartment before move-out to clean/repair

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greenless

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I moved out of an apartment last week and have run into some issues with the landlord(s).

First off, my lease expired on July 31st, and I paid for the entire month of July, but the landlord entered my apartment without notifying me before the lease was up...

On Tuesday the 28th my roommate, whom was packing boxes inside, was surprised by the landlord entering the unit - he critcised how messy the place was and told her to remove everything from the unit ASAP and he'd give her the deposit back in full. He even told her to just sell/pawn my guitar and let me deal with that on my own.

I contacted the landlord later that evening and expressed my frustration with having somebody enter my apartment without notice; I told them to provide notice if they intend on doing it again. On Friday the 31st, 4-6 hours BEFORE I had scheduled a time with the landlord for a walk-through/turn over my keys, the landlord entered the apartment again without permission. I came by the apartment to remove the last few boxes I had inside as well as take a final pass at sweeping/mopping, but as soon as I entered it was apparent that somebody else had been in there (there were tools strewn about, the sink downstairs and the toilet upstaris were being worked on, etc.) - as I started moving my belongings out of the apartment the landlord and his daughter arrived and walked right into the apartment.

I brought the last couple of boxes to my car, placed my keys on the counter, and left.

I know that Arizona law requires at least 48-hours notification for the landlord to enter, and the last time they told me they were going to come assess the place was on June 2nd. I've had nothing but problems with these people since I told them that I wasn't renewing my lease. Most recently, I was told by them that the cleaning/repair costs were going to 'far exceed' my deposit (upwards of $1,000), which is crazy by any stretch of the imagination. I feel like they're trying to take advantage of me. Not only do I feel as if my privacy has been violated, but how do I know that any of the repairs/cleaning I'm going to be charged for weren't caused by the landlord himself when he was illegally in my apartment?
 
You should know in 14 days (which is the time limit Arizona gives for a landlord to return information regarding the security deposit).

Actually a move-out inspection BEFORE you vacate the rental unit isn't such a bad thing. The landlord can point out what they think are damages above normal wear and tear and this gives the tenant time to address these before the termination of the lease.

Typically what a landlord might charge for repairs/cleaning is going to be higher than what would cost the tenant should they tackle these themselves.

Gail
 
Gail,

I apprecaite your response, but you didn't really address the bulk of my frustration: the landlord repeatedly entered my apartment without notice/consent to clean and start repairs before my lease was up. At one point, the landlord walked in on my roommate packing and told her to 'get this crap out of here and I'll give you the deposit and let you sort it out with your roommate' he told her to pawn my guitar and throw away my furniture (this was 4 days before my lease was even up).
 
What would you like to have happen? You two have already moved out of the apartment. You cannot sue for damages because, well, you've lost nothing financially in the fact that your landlord walked in three days before your lease ended without giving you a 48 hour notice.

This may have been frustrating but that's about it.

Far better to focus on what will take place when the information on your security deposit gets sent to you. Did you take pictures of the rental unit at move out in case there is a disagreement on claims for damage above normal wear and tear?

Gail
 
I didn't take pictures, no. The landlord's husband is the guy that entered before my lease was up. He told my roommate that if we cleared out all of the stuff then he'd make sure we got our deposit back in full. We were never given a pre-move in checklist and based on what he told us there wasn't any point in doing a post-move out checklist.

Who has the greater burden of proof should this go to court? The apartment was fine outside of normal wear and tear when I vacated - but how do I know that the landlord's husband wasn't doing damage himself when he was in there illegally?
 
Since it would be the landlord doing the suing, the burden of proof would be on them.

You seem worried that the landlord's husband might have done damage when he was in the unit before you fully moved out. Please remember that in Arizona a landlord has 14 days to get information regarding the amount of security deposit/the actual security deposit back to the former tenant. What is to stop a landlord (or their husband) from doing such damage in this time period and claiming the tenant did this? Really nothing but it would seem silly for them to do this.

Gail
 
Gail - thank you for your feedback.

I guess one of my main concerns isn't that the landlord or her husband purposefully damaged the property (though that may become a concern once I see the bill they send me), but rather than I think they're going to charge me for cleaning/repairs that they did before I moved out without allowing me to do it myself. Should I raise an eyebrow at them if they charge me for a sink/toilet repair that was made when I was still occupying the building (and without me telling them it was broken OR them telling me it was broken)?

I guess I should calm down a bit and wait until I actually get a statement from them in the mail. I'm just trying to prepare myself, I suppose... I just know that I'm going to see charges on their statement that make my head spin.
 
Remember that if they charge you for things that you do not believe are correct, you too have options...

You initially write what is known as a "demand" letter, disputing the amount of money withheld from your security deposit and "demanding" the return of what you consider a fair amount.

If they do not respond, YOU always have the option to file a lawsuit against them; they would then have to show in court that what they withheld was reasonable and justified.

Such cases are typically handled in Small Claims court (or a similar version for your state) as they involve relatively small amounts of money and do not require that one hires an attorney.

But wait and see what they provide to you within the next couple of weeks.

Gail
 
Gail,

If they charge me for repairs and supply me with receipts for parts/labor before my move-out date, am I responsible for that (if my landlord decided to buy a new sink and went into the apartment/installed it before my move-out without telling me).
 
First of all, I didn't. The sink was working fine and we never had any issues with it.

That doesn't mean they're not going to charge me for repairs, though. What do they need to do to prove that it needed to be replaced? Can they just decide that on their own and replace it without telling me (again, before I ever vacated).
 
For whatever reason, I keep thinking that I should send them a letter/email BEFORE they send me a bill to nip this before it becomes a huge deal. If I sent them this, could it come back to bite me in any way (I really just want my deposit returned, that's my ultimate goal)...

""Rebecca,

Also, note that the charges/fees you are describing will not be my responsibility. As I stated last week, Tim entered the apartment without notice/consent on multiple occassions and began making repairs/cleaning before my lease expired. I addressed this in writing to you and asked for it to stop, but he continued. You cannot charge me for cleaning and/or repairs when I was not given an opportunity to do them myself, especially when Tim stated that he would make sure the deposit was returned to us if we would simply remove the final boxes/pieces of furniture from the apartment. This declaration by Tim is the only reason I overlooked his repeated illegal entries as well as suggestions to Allegra that she pawn/sell my belongings to 'get them out' before our lease had even expired.

I expect our deposit to be returned in full ($1,015) within 14 days of our move-out in accordance with AZ law. Also in accordance wtih AZ law, any amount that is wrongfully witheld will be due plus an additional amount worth twice the wrongfully witheld amount.

Thank you"
"
 
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