I just moved out of an apartment complex with either some seriously shady landlords or else just completely inept landlords. I'm not seeking legal action at the moment, but I'm curious what would happen if I did as this is completely new territory for me.
Some quick background:
- I live in New York State, well outside of New York City (Finger Lakes area).
- I rented and have been living in a studio apartment for the last year. However, half of the year was with the original landlord/company and the building was sold around November of 2016 to the current landlord/company.
- My lease was set to terminate on May 14, 2017.
What happened:
My downstairs neighbors moved in around spring / early summer of 2016. They are a couple of girls in their early twenties. They have a history of domestic violence that led me and my other neighbors to routinely call the police on them for disturbances. It got to the point where I was calling the police to check on them every weekend and actually apologizing to the police. They (the cops) told me to do what I had to do to feel safe. The noise was annoying, yes, but honestly my biggest concern was that one time I wouldn't call would be the one time someone got extremely hurt and injured.
Each time I called the police, the neighbors would leave me threatening letters on my door. Things like how I was immature for calling the police, how I should come to them instead, how if I "liked to play games, then they did too". I had the police come to my apartment and showed them the letters just to have a paper trail in the event that I went out some morning and my tires were slashed.
Among other incidences, I had decided to look for a new apartment. The final straw that pushed me to move out right away was one of the neighbors being arrested for domestic assault after throwing glass at her partner, kicking and shoving, etc. It was one of the times I wasn't home, so I at least don't feel guilty for not calling the cops that time.
So after this happened, I found a new place through some friends of mine. I signed a lease with the new apartment for an April 15 move in date. I contacted the old apartment landlord, explained the situation and reasons, reminded them that I had filed complaints with them about these neighbors previously. I told them that I could be out by May 1 instead of the 14th and if it would be possible to have the last 1/2 months rent refunded to me. I received an email that was fairly condescending, telling me that it was too short notice and that difficulties with neighbors were not grounds for terminating a lease early. (I did, however, find out that the neighbors causing the violence were let out of their lease early - not evicted, just let out of it).
Needless to say given everything I was annoyed, but I figured okay that's fair. It is short notice and I am legally bound to this, it sucks, but at least I don't have to be there any more. I figured since I am paying for the entire last month that I would take my time moving out and cleaning the apartment.
Last weekend (4/22) I moved the bulk of my stuff out of the old apartment and into the new one. I was taking over carloads after work here and there. By that Sunday I was living in the new apartment, but still had a decent amount of things in the old place - all bathroom and kitchen things.
Since letting them know I was moving out they started showing my apartment - always good to give me a notice in advance when they would be showing it. Last Wed (4/26) I received a text message from the woman showing the apartment commenting on how she noticed the bulk of my stuff was moved out. She had just showed it to someone who wanted to move in ASAP and if I could be out before the 1st, they could refund me the last 1/2 months rent. I was initially annoyed by this given that I had offered earlier, but figured I couldn't afford to turn down the money. However, given that I had already made plans for Saturday (4/29), I told them I could do that and would have my things out and cleaned up by the 1st.
Sunday afternoon (4/30) I arrived at the old apartment ready to get my last things and clean and leave the keys. As I pull in I notice there is someone in my apartment (no one had given me any notice about anyone entering or showing).
It was a cleaning lady for the apartment complex and all of my left over things I needed to pick up were now in the trash. They were in trash bags in and outside of my apartment, mixed in with food that I had in the refrigerator still. I was shocked and taken aback and not really understanding what was going on. I understand it isn't the cleaning lady's fault and she actually showed me and sent me a copy of the email my landlords had sent her and her cleaning company that specifically said to go into my apartment and throw out any left over items, clean, and take pictures to document (I'm assuming to deduct from my security deposit?). Not only all of that, but given it was all personal bathroom items and OTC medicine, I found it extremely uncomfortable and awkward for the cleaning lady to tell me about how she just picked through all of my stuff and was getting this mental image of the person that lived there.
I ended up going through and getting the things that I needed more than the others and that weren't covered in old food. I got the cleaning lady's name and the email that the landlord sent to her about cleaning out my apartment.
I did call the landlord and explain what happened and how angry I was. She offered to refund the money for the items that were lost, but I honestly can't even remember for sure what was in there fully - it was all things in the closets that I had planned on going through when I got there.
I had her email me a letter to document her saying that.
I'm not sure how to proceed here. In the email she wrote that she would refund the 1/2 month rent as well as give me my full security deposit back. Plus the cost of items that I submit to her. But I can't help but feel like I'm missing something bigger here. Isn't it illegal for a landlord to enter property without notice? Theoretically weren't they breaking and entering and just stealing my shit? I realize it wasn't TVs and computers, but still.
Am I missing something? I'm really not sure how to go forward here. My friends and family have advised me not to cash any checks they might send me in the meantime. Is this something I should get a lawyer for?
Submitted May 02, 2017 at 05:01AM by Heterozygoats http://ift.tt/2qxSzls legaladvice
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