My rights as a tenant during move out inspection!!

[KristiJo]

I have been renting half a duplex for a year now, my lease is up after July. I've paid all my rent on time (and in cash i might add because the LL wouldn't take anything else) I paid 1200 for a security deposit and rent is only 825 a month. I'm worried I wont get my security deposit back because the LL is denying me the opportunity to do the move out inspection with her. She insists that I am not allowed to walk through with her to do the inspection. I'm wondering what my rights are as a tenant as far as doing the move out inspection goes.

[TenantNet]

That's BS. You be there with a witness when the LL goes through. You take photos of everything. Make sure it's broom clean. BTW, never pay in cash without getting a receipt signed by the LL. You do know what is going on -- the LL is not reporting this income to the IRS (and NYS and NYC tax depts.) - something you can threaten to do if the LL gives you a hassle. You do not have to let the LL in to your apt for a walkthrough unless you are there (you can change the locks). In fact, you don't even have to relenquish possession (by handing the keys over) unless/until the LL acts for professional (although holding over could establish liability on your part). Remember, possession of the unit is yours until a) you voluntarily move out, or b) a court evicts you.

[HardKnocks]

Yeah, Kristi... scrub the floors, wash the windows... the works! And TAKE PICTURES!!!! Us the link below for a general list of things that should be checked during a move-out walk-through (make sure they're all OK!). Make her initial everything on that list as you document it as satisfactory, and photograph it as well. This is your right.

http://www.managingmymoney.com/housingworksheet2.html

[KristiJo]

Thank you for the information, I was pretty sure after some online research that i had the right to be in the apartment during checkout. The woman i've been renting from has been a nightmare for the last year. Yesterday i went to move some more stuff and she and her daughter and her daughters boyfriend were in my half they had called the police claiming that someone had broken into my half and kicked in the drywall in the attic to get into HER half. Needless to say she tried to tell me she was going to change the locks and not give me a key, but i refused to allow her to do it. My BIGGEST concern is that she is trying everything possible to keep my 1200 security deposit. I'm sure that she doesn't report the incom to the IRS, she does however give me recipts for the rent. I was hoping i wouldn't have to pull out the IRS card, but it looks like it's inevitable. Thank you for your help... if you have any more advice for me i would really appreciate it, I'm new at this renting stuff so I dont know all the laws and rights that i have! Thanks again!

[HardKnocks]

You play any card you have to. She is not going to hesitate to screw you if she possibly can.

If she changes the locks, you've got her. It's totally illegal. But remember that the uglier this gets, the less likely you are to get a) your security and b) a reference. I'm assuming that you already have a new place so b) might not be too much of a problem.

Can you get a copy of the police report of this latest incident, since it happened in your apartment? You may need to prove one day that you were not responsible for the kicked-in wall (more attempts to keep your security) and if she reported it as a break-in, that's her admitting that you didn't do it.

[TenantNet]

Before anything happens, call your local precinct and tell them what is happening, that you are still the leaseholder and that the LL is trheatening to lock you out. When (as they probably will), the local precinct claims it's not a police issue, then get the info from the page on illegal lock-outs (http://tenant.net/Rights/illevict/illevict.html) and demand the report be given to the Captain. If that's a problem, the go to the Borough Command or Police Plaza. If you need to, send a letter to the LL reminding them that you are still the leaseholder, that you have not given up possession, that they are allowed in ONLY in a manner prescribed by law (real emergencies without notice - not their made-up emergencies, or for repair or inspection with prior written notice). Any such entry by them without prior notice and permission will be reported to the police as tresspass. Start taking photos of everything and have witnesses around.

[KristiJo]

The drama continues with this situation. Yesterday i recieved a phone call from my landlord (i no longer actually LIVE in this duplex, but my rent is paid and i'm still finishing moving everything out) She accused me of calling a discover card and giving them my name and her number so they would call her.This was an obsurd thing for her to do, especially because when she was yelling at me for doing something that i didn't do, she said the people were asking for a Chris hAnson, my last name is not HAnson, and she misspells it on the rent reciept all the time, thus i know she made the whole story up. I did spend about 2 hours in the police station yesterday and recieved copies of any incidents that have taken place in the last 9 months(since i've lived there) I also found that any tenant that she's ever had has taken her to small claims court for deposit money. I have also began requesting the presence of an officer at the duplex when i go there. My question now is that if she's had to go to small claims court so many times before, what are the odds i'll get MY deposit back??

[HardKnocks]

Depends on how many times she's actually WON...