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Management stated that I abandoned my apartment although I moved furniture out to clean the carpets.?
I had a bad air conditioner leak around the last week of September, and the management said that they repaired but my carpet still smells like mildew. I removed my furniture this sunday and made an appointment to have all the carpets cleaned on wednesday (only time off). The apartment manager has now stated that I have abandoned my apartment and want to accelerate rent. I have paid for this month including all water and the utilities are still (my name) on so I have no idea why they think I am leaving. This is a TAA lease in Texas, I think this is a retaliation for the repairs I requested for the air conditioner leak.
Thanks for your help.
4 Answers
- 1 decade agoFavorite Answer
If you are paid up on your rent it does not matter if you have no furniture in the apartment. It's your business not his. Tell the manager you have a lease and the rent is paid. If he defaults on his responsibilities you will take him to court and sue for any damages caused by the landlord.
Also tell him you have no intention of paying accelerated rent and will get an injunction from the court id you have to. Most will back off at this point. You may need the services of a tenant lawyer if they play hardball.
- TroubleLv 61 decade ago
In some circumstances a landlord may consider a dwelling abandoned. If a tenant has abandoned the premises, the landlord is entitled to enter the premises, change the locks and remove all personal belongings left behind.
Whether a dwelling has been abandoned is a difficult issue to resolve because there is no clear definition. This principle is based upon the tenant's intent -- not on landlord's desires. If a tenant has clearly expressed an intent to return to the premises then clearly the tenant has not abandoned the premises. If a tenant has paid the rent for the month, then a landlord cannot consider the premises to be abandoned even if the tenant never occupies the dwelling at all. While this may be a correct interpretation, a tenant would be wise to make contact with the landlord (preferably in writing) to explain the situation so as to avoid any difficulties. If a tenant is behind on rent, and the tenant has not occupied the premises for five days consecutively and much of the personal belongings of the tenant have been removed, many leases state that the landlord can consider the premises to be abandoned. Again, this may or may not be correct, however, a tenant would be wise to make contact with a landlord to remove any doubt about whether a tenant has left the premises. This situation often arises when a tenant is in the process of moving. It is best to move all at once if possible, rather than leaving various items behind. If you need to leave certain items it may be advisable to inform the landlord of the situation in advance. (However, if the tenant owes rent, and the property could be subject to a landlord's lien, this notification may result in the landlord seizing the property until you pay the rent.)
If you did not intend to abandon the premises and the landlord took control and disposed of your property you should consider sending the landlord a demand letter and suing for the return of your property or its value.
- 1 decade ago
Just because you have moved stuff out does not constitute apartment abandonment by no means. As long as the rent is not in arrears, you still occupy the apartment. What difference does it make if you have absolutely nothing in YOUR apartment, it is still YOUR apartment. Besides, why weren't they having your carpets cleaned?
- huttLv 44 years ago
once you progression into any condo you ought to take photos of the difficulty and document the difficulty on a difficulty and inventory type interior of a definite quantity of days (commonly 5 days) after moving in. this type ought to have been given to you upon flow in. The stains you have made on the carpet might extra desirable than possibly be widely used placed on and tear and the owner expects this. in case you fairly destroyed the carpeting would be a diverse tale. Now, verify to take photos of the difficulty before you bypass away! placed on and tear is to be expected.