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Home « Diem « Renting smart
Renting smart
Tips and laws can save you money and aggravation
by Blake Hannon
Sunday, October 25, 2009

The relationship between landlords and their tenants should ideally be a symbiotic one. But let’s face it. That isn’t always the case.

There are some tenants who have no problem treating their apartment like a rock stars treat a hotel room, trashing it beyond recognition with little regard for the person having to fix the mess. And there are also times when a tenant, no matter how trouble-free, falls victim to a less-than-honorable landlord.

“I think there are also some very bad landlords out there who know better and still try to take advantage of the situation,” says Jerre Moore, staff attorney for Legal Aid of Western Missouri in St. Joseph.

If you are getting ready to move in or out of a new apartment or just want to make sure you get the best experience in your current one, here are some tips, suggestions and laws that may help.

The pen is mightier than the word

From the time you move in to the time you move out, it will do a world of good to remember that talk is cheap.

“My advice to anybody is get it in writing,” Ms. Moore says.

So, what should you get in writing? Basically, everything you can. Carefully examine your lease so you know what repairs and maintenance you and the landlord are responsible for. Make sure you pay rent by check, and if you pay in cash, get a receipt from your landlord for documentation. When you move in, make sure to get a move-in inspection sheet and walk through the property together before you both sign off on it.

“If you don’t have one of those, you’re sunk from the beginning,” says Michelle Phillips, property manager of Chatsworth Apartments in St. Joseph. “I know that if you don’t have a signed walk-through inspection when you go to court, you’re kind of left hanging.”

Proper maintenance

If you have something that needs fixed, your landlord may not be as responsive as you’d like. And it’s a complaint that Ms. Phillips hears quite often.

“They don’t understand that we can’t get right there if it’s not an emergency,” she says.

But if it is an emergency, a serious problem that needs immediate attention and your landlord still isn’t taking care of it, you can go above them. Ms. Moore says you can contact city inspectors to get them to come take a look at the issue if your landlord won’t. If they see something significantly wrong, Ms. Moore says they can demand the landlord take care of it in a prompt manner.

Digital documentation

We know we said get it in writing, but it will also come in handy to get it on camera. Bring a digital camera with you on the days you move in and move out to take pictures of the condition of each room, which Cathy Hammond, manager of Peach Tree Apartments, suggests doing based on her own personal experience with landlord troubles in the past.

“Had I been smarter, I would have taken pictures prior to my move in and my move out,” she says.

And Ms. Moore says some tenants have even taken it a step further.

“We’ve had clients who have videotaped their moveout,” she says. “That’s very effective.”

With technology like this on your side, if unexplained charges come up when you get back your security deposit, you’ve got visual proof to back up your case if you decide to take your landlord to court. Which leads us to...

A smooth departure

The thing about apartments is that few people call them a permanent home. And sometimes, especially if you’re a good tenant, that departure doesn’t sit well with landlords.

“Once they give notice (they are moving out), that whole attitude changes,” Ms. Moore says.

Regardless of whether the attitude shifts, you can make sure you are covered. Ms. Phillips says you should request a thorough checklist of what needs to be done before you vacate the property and have them sign off on it. An upstanding landlord shouldn’t have any problem cooperating with this.

But most importantly, it helps to be familiar with the law. The Missouri Landlord-Tenant Law (http://ago.mo.gov/publications/landlordtenant.pdf) states conditions a landlord must follow, like giving tenants a date for inspection so they can be present for the walk-through and that the security deposits cannot be used to pay for damages that would qualify as “normal wear and tear.” Plus, Missouri Revised Statutes Chapter 535: Landlord-Tenant Actions (which can be viewed at www.moga.mo.gov/STATUTES/C535.HTM) contains a section that outlines laws that landlords are required to follow when a tenant leaves the property, including returning your security deposit within a 30-day period from the day of your departure. If any of these laws are broken, both sources say you could sue the landlord for up to twice the amount of the security deposit.

“I will say that there are a lot of uneducated tenants who need to make sure they know what their rights are,” Ms. Phillips says. “If you don’t know what your rights are, you’re just leaving yourself open to being taken advantage of by someone who might not be the most scrupulous person in the world.”

Lifestyles reporter Blake Hannon can be reached at blakehannon@npgco.com.

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philsherman October 26, 2009 at 1:52 p.m. (Suggest removal)

a landlord has 14 days to fix a maintenance problem,non emercy.48 hours for emergence problems. city inspector must notify the property owner first of who request them with proper proof of complaint with health or building code violation.Per FED & STATE LAWS

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