Apartment Life
Sara Gebhardt
Washington Post Columnist
Thursday, September 02, 2004; 2:00 p.m. ET
Welcome to Apartment Life, an online discussion of the Washington area rental market, featuring Post columnist Sara Gebhardt. In
her monthly exchanges with the audience, Gebhardt discusses rental issues and lifestyle matters.
The transcript follows.
Editor's Note: washingtonpost.com moderators retain editorial control
over Live Online discussions and choose the most relevant questions for guests and hosts; guests and hosts can decline to answer questions.
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Sara Gebhardt: Welcome to this month's edition of discussing rental issues. In this--the busiest time of the moving season right now--I'm sure there are a lot of questions. So let's get started!
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Santa Fe, New Mexico:
Comment on issue in your last session: Shooting a cat with a BB gun or anything else is animal cruelty and is illegal. The incident should be reported to the SPCA, local humane society, or police so that other occurrences in the neighborhood can be investigated and prosecuted if the perpetrator can be found. If you can find out who did the deed, please also report that. Neighbors often know. Children who abuse animals are tomorrow's killers. It is important to speak up so that if someone needs help they can get it.
Sara Gebhardt: Just in case anybody missed our last discussion, a cat owner who let her cat roam outside her apartment was shocked to find said cat shot with a bb gun.
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Arlington, Va.:
I moved into a new building in D.C. a month ago. There is a yapping dog two doors down that keeps me up until 3 a.m. Can I do anything? Complain to D.C. government? HELP.
Sara Gebhardt: Well, the first thing you can do is talk to your landlord and have them deal with the situation as a noise complaint. You might also want to talk to your neighbor. A reasonable person does not want his dog to keep everyone awake at night, let alone himself. I'm not sure how a dog owner getsa rowdy dog to quiet down, but perhaps others have suggestions.
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Temple Hills, Md.:
I have a deposit question. My mother lived in a small 1 bedroom apartment and when she moved out at the end of June, she did a walk-through with her landlord, who said everything looked good. Almost two months later, he sent her a bill for re-painting her apartment. The bill was for more than $2,000. He claims it took two painters 125 hours and 15 gallons of paint to finish the job, and that they got paint on several surfaces (counters, bathroom sink) that later had to be cleaned. He also expects her to pay for that, and says that if the total bill is not paid in full in just a couple of weeks, he will sue. However, I just read on the PA Attorney General's web-site that landlords must provide a list of damages and costs to tenants within 30 days after they move out. If they don't, then they have to return the tenant's security deposit in full. Does this guy have a case to sue? Should my mother sue him for her deposit back?
Sara Gebhardt: It doesn't sound like he has a case to sue. Remember, I'm not a lawyer, and people often sue even when they have no good case. However, you're right that you should have received an itemized list of damages within a certain period (likely between 30-45 days). Re-painting could well be a normal wear and tear issue, unless you had inordinately scuffed or damaged the walls. If you didn't, then you do not need to pay for it, and you certainly would never have to pay for a painter's mistakes. You should definitely fight to get your deposit back.
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Arlington, Va.:
Dear Ms. Gebhardt,
I'm looking to rent a one bedroom apartment in the North Arlington area. I've been looking at such building as Courthouse Place, the Meridian, Lincoln Towers, The Gallery at Va. Square, etc. The rent is high, which is expected for this area, but these buildings also all have "move-in fees" of upwards of $500 and a bunch of other fees associated before you even pay first months rent. What is the possibility of negotiating these fees down (or away even) and how would you recommend going about these kind of negotiations? Thanks very much in advace for your help!
Sara Gebhardt: You can try to negotiate the high move-in fees just with honest talk. Just be prepared to deal with a "no." The apartment market is strengthening, so it's hard to say if the landlords would grant concessions. It all depends on how desperate they are for tenants. Also, the new trend in certain, more upscale apartments is to eliminate a security deposit and merely charge a "move-in" or "amenity fee." So, landlords may not be willing to negotiate on this issue. You never know unless you try, though.
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RE: Cat from last time:
Please note that the cat owner should also not be allowing her cat to roam loose outside - this is not legal in northern Virginia.
Sara Gebhardt: Sure will.
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Greensboro, North Carolina:
Speaking of guns, I've recently found a few critters in my apartments called rats. Luckily, I have a gun because my landlord isn't doing anything about it. Will I be liable for any collateral damage I cause in trying to get these dirtbags out? I sent him a telegram with the same question, but he hasn't responded.
Ratrick
Sara Gebhardt: Ratrick,
Hmm, yes, you will be liable for collateral damage you cause in trying to get the rats out of your place, especially if you are firing a gun at them. Ever heard of rat traps or an exterminator? I suggest going a more traditional, safer route in rooting out your rats.
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Washington, D.C.:
Is my landlord required to add interest to a security deposit she has held for 2 years? I reside in D.C. and my prior landlord recently returned my security deposit - with absolutely no interest added. Can I do anything about this?
Sara Gebhardt: In the majority of states, landlords are not required to give deposits back with interest. In DC (and MD and VA), however, they are required to do so. You can report the violation to the DCRA (D.C. Department of Consumer and Regulatory Affairs; www.dcra.dc.gov).
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RE: Deposit:
I am not sure what county the poster's mother's apartment was, but most counties have a housing affairs office. When my old apartment tried to sting me with a super high bill when I moved out (which was totally absurd), I filed a complaint with the Montgomery County Department of Leasing and Housing (or something like that), and they did an investigation (where the landlord needs to provide evidence of costs and damage) and I ended up not only not having to pay for anything, but also got my full deposit back!
Sara Gebhardt: Yes, you're right. Housing violations by landlords are investigated by local housing authorities. Each jurisdiction has one.
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Re: Yapping Dog:
Well, you could shoot him with a BB gun...
(Just kidding!)
Sara Gebhardt: I was waiting for that response.
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RE: Suing for deposit:
This is why it's good to take photos/videos prior to moving in and then again as you move out.
Sara Gebhardt: Exactly. I'm glad somebody listens to me! (Or has some common sense.)
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Capitol Hill. D.C.:
Ahh, the yapping dog. I've got one of those for a neighbor too. Every morning my neighbor puts her puppy outside at 5:30 in the morning while she gets ready for work. I asked her if she would mind keeping him inside that early in the morning. Her response was, he's a puppy and all puppy's do that. Ugh, why are some people so inconsiderate?
Sara Gebhardt: Let me count the ways. Actually, I won't tackle this question right now, but it's easy to witness how self-involved many people are. Remember, living in a multi-family complex means making sacrifices so everyone can live peacefully and happily. If everyone practiced respect for their neighbors, the apartment world would be much better off.
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Anonymous:
15 gallons of paint will cover about 6000 square feet of wall with one coat. Even assuming it took two coats of paint, that would have to be a massive apartment.
I would definitely consult a lawyer or take this landlord to small claims court. But try to find out when the apartment was last painted before Mom lived there, and if there is any documentation that the landlord said everything looked fine on the walk-through.
Sara Gebhardt: Good suggestion. Documentation serves as proof to landlord/tennat dilemmas that may arise. For those who endeavor to do a walk-through with a landlord upon move-out, make sure to get his or her assessment in writing.
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Arlington, Va.:
Reagarding outdoor cats. Clearly shooting or otherwise harming the critters is wrong. No question.
But a new tenant in my building lets her cat out in the evenings and it's started to wage war on the squirrels. I've seen two dead squirrels in the past 2 weeks. Any suggestions on how to best protect the nut-hunters?
Sara Gebhardt: Protecting nut-hunters is not my specialty. Perhaps remind your neighbor or your landlord that letting cats roam free is not permitted?
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Maryland:
PLEASE talk to your neighbor about the dog before you do anything else. And tell him/her NICELY that the dog is barking until the wee hours of the morning. But before you even do that, reasses the situation... is it occasional barking? If so, you're out of luck. If it is constant, then you do have options. It is up to the dog owner to control the pet, and there are humane ways to train a dog not to bark incessently.
But if your first reaction is to call the authorities, you're going to have a miserable relationship the entire time you live there. The neighbor with the yappy dog just might be the person you need to sign for a package, water your plants, etc. Learn to tolerate, if not love 'em.
Sara Gebhardt: Suggestion for the neighbor with the yapping dog.
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Alexandria, Va.:
My situation...moved out of my apartment July 31. Around August 14 received a check marked "Security Deposit Refund" for $1.69. No explanation of any kind on deductions, just a check. My security deposit was $225 and I also paid a refundable "pet fee" of $100. Calling my leasing company only results in leaving voice-mail messages which are not returned. Does Virginia law really state that they HAVE to provide an itemized list of deductions within 45 days? (I've read the actual law but the wording is pretty confusing.) Also, does my refundable "pet fee" fall under the same laws? (I have proof of the security deposit and refundable pet fee in writing.) Thanks.
Sara Gebhardt: Yes, you are entitled to receive an itemized list of deductions. If stuck in voice mail and you are not getting a response, take it to your local housing authority. You might also write the leasing company a letter telling them you are doing as much. If you have proof of the pet fee, it should fall under the same rules.
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RE: Pictures:
I should also have added that it's good for dorms, too (esp. if you have distructive roommates). There was a deposit required where I went to college.
Sara Gebhardt: Taking pics before is also good for dorms, but if you have destructive roommates, there may not be a way to show who did what kind of damage. Treat everywhere you live with respect. It's your home after all, even if it's temporary.
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RE: Gun in apt.:
A friend of a friend accidentally shot himself in the stomach when the gun went of and richoceted off the kitchen sink and he died. Just a heads up.
Sara Gebhardt: Proof that guns are dangerous.
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Rockville, Maryland:
Re the landlord who threatens to sue tenant for cost of painting and fix-up:
It's probably a good idea to obtain a written and dated "clean bill of apartment health" from your landlord after a walk-through. Even if the landlord won't supply it, the tenant could write it up and have the landlord date and sign it. That way, the landlord could not falsify the condition of the apartment. Attaching photos is a great idea too.
Sara Gebhardt: Another great suggestion. Thanks.
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Temple Hills, Md. (again):
The landlord's thing about the walls was that she smoked in the apartment and he had to put a special nicotine-blocking primer on before re-painting. However, she scrubbed down the walls and cleaned the whole place before she left. Also, doesn't anyone think a $2,000 bill for painting a one-bedroom apartment is unreasonable? How could it possibly take 125 hours to put one coat of primer and one coat of paint on the walls?
Sara Gebhardt: Okay, so maybe re-painting was necessary, given your mom's smoking. However, I think most will agree that 125 hours is excessive.
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Washington, D.C.:
My next door neigbor was away for a week on vacation. They left their alarm clock blarring for 2 hours EVERY day starting at 5:30 am. The apartment complex said they are not violating anything and won't go into the apartment to shut it off. What can be done in the future? What rights do I have as someone who doesn't want to get up at 5:30? (I already told the neighbor, but another neighbor could do it in the future)
Sara Gebhardt: At least the noise is over. I'm not sure why your landlord refused to enter the apartment to turn off the alarm. Perhaps they didn't think it was loud enough to be considered too noisy? Generally, noise ordinances call for quiet between something like 7 a.m. to 10 p.m., so it seems that this could be classified as a noise violation. Discuss this fact with your landlord if it happens again. But first of all, tell all of your neighbors about what happened so that they don't make the same mistake when they go on vacation.
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RE: 125 hours :
Sounds like it included the time for the paint to dry.....
Sara Gebhardt: Nice one.
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RE: Painting:
Regardless of the special treatment that had to be done to repaint the apartment, it should've been brought up at the time of walkthrough. Besides appliances which might take longer than a walkthrough to decide if it's in reasonable condition, everything else (carpet, paint, windows etc etc) should be discussed with landlord and documented at walkthorugh.
Sara Gebhardt: You're right.
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Washington, D.C.:
Dear Sara,
What recourse do I have if I have a severe bug problem in my apartment and the apartment company ignores my pleas to send an exterminator? There are several other tenants in our small building who have indicated they also have a bug problem, especially with cockroaches, who have also contacted the apartment company. This is getting to be really disgusting and hard to live with. Is it legal for me to hire my own exterminator? I am about to do that, even if I have to pay for it.
Sara Gebhardt: Sure, you can hire your own exterminator. Just let your management company know you're doing it.
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Re: Apartment Painting and Security Deposit:
Hiring professionals to paint is shockingly expensive. A $2000 bill for a 1-bedroom would not be so excessive for the D.C. area. That being said, if the landlord allowed smoking in the apartment, it should be expected that this would be a part of normal wear and tear. Smoking odors and stains are incredibly damaging and can only be eliminated by painting.
Sara Gebhardt: Thanks for the comment.
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Maryland:
There is NO WAY a landlord can justify entering an apartment without notice to turn off an alarm clock, given that the police have no ability to enter a house that has a screeching alarm going off 24 hours a day for a week (search your news archives - this just happened in D.C. recently).
Sara Gebhardt: Right... So make sure you are friendly enough with your neighbors to remind them to turn off their alarms before they leave town. Most apartment dwellers aren't on such good terms with their neighbors that they trade keys or inform one another of their vacation plans, but still, it may be worth a try if you like and trust your neighbors.
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Sara Gebhardt: Well, that's it for today's session. Join me next month, same time same place, on Oct. 7. Until then... happy renting as usual.
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