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Home Inspection, Home Inspectors St. Pete, Clearwater, Tampa

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Open Question: What can I do if my landlord won’t give me my security deposit back?
I have lived in my current residence for 9 years. I paid a security deposit in order to move in here. I have annual inspections from HUD and on my end there are never any repairs that need doing. This past inspection there was a list of repairs that needed to be fixed by the landlord. He didn’t repair them. I have to move in less than a month now. I have found a new house and have worked out payments for new deposit. The house I’m in now I have kept up in very good shape. The carpets are in good shape, no holes in walls..anything that was my responsiblity to repair, I did. However…throughout the 9 years of me living here I did paint the walls, with the permission from the landlord, but NOT written! I just wasn’t thinking. It’s not black paint or anything, easily can be painted over. I also have a dog, which I got permission to have by the landlord..again verbally. I have had him here for 4 years now…outside. I plan on painting the interior of the house back to ugly old white when I move..just so that he can’t say I ruined the walls. He is a stingy slumlord and never fixes anything..the house is falling in and that’s why I have to move. I don’t sign a lease every year, but when he agreed with HUD to have me live here, he agreed to keep things up and fix repairs…now that he hasn’t HUD is making me move. He broke the contract. If I have to take him to small claims court for my deposit, which I have the feeling he’s gonna try and keep just because he’s that way…what do I have on my side? I mean I can get documentation from hud for the annual repairs and show that I didn’t damage the house. Since I’ve been here for 9 years, can he claim that since I painted he’s keeping it, even though he’s been here in the past 9 years several times and had no problem and didn’t kick me out for it..same as my dog..wouldn’t a court look at it with common sense that he never kicked me out for these reasons so he shouldn’t keep the deposit now? What can I do?
Please read the question before answering…I already know I’m gonna have to do that…but my question is do I have a shot? READ the question first.
See in the original lease that I just dug up, it says I cannot alter the property, such as painting without written permission…But it’s been 9 years…I painted with his verbal permission the first year I was here…and from then on.
Oh, and he knows I don’t have money for an attorney..so that won’t work. Small Claims doesn’t require an attorney either.
Well he never complained to me or section 8. He actually told me b4 I even moved in that if I wanted to paint over the outdated wallpaper he would gladly let me b/c it would improve the house. there are NO holes in the walls. I am very particular about my house and keeping it very clean. There is no damage from me.
Also let me add that here recently the fridge tore up, which was his, it was his responsiblity..he wouldn’t fix it. He told me I had to buy a new one. So I did instead of arguing..which I will be taking with me. He won’t even remove the old one from the property, and I’m not going to b/c it’s his. He wouldn’t replace the leaking hot water heater either after leaking for a year and the floor is rotted.
And my “logic” of I am a good tenant is fact. I have done so much and spent so much to keep this house up it’s not even funny. I have put new blinds all through the house, modernized the paint, landscaped…besides the rotting wood on the outside and inside of house and no hot water for over a year, this house is much better now than when I moved in.
I plan on having him come over and do a walkthrough and tell him I don’t want any crap about my deposit, so anything that would be my responsibility he needs to tell me then. Also, he won’t be getting 30 days notice from me…I don’t even have 30 days. Section 8 calls this abatement and won’t be paying him rent either. I’m just stressed about it. He’s having financial problems and I know that’s why he won’t come around..but that’s not my problem. That is one of the big reasons why I think he will fight me on this b/c he doesn’t have my deposit to give me back. Even though his children go to a $20,000 a year private school and he is adding onto his house right now and he just took a 2nd mortgage out on this house. Go figure.

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Open Question: is a bedroom a bedroom without a door?
we just had an inspection done on a house we’re looking at, and we’re told we can only ask the seller to repair “defects” which totaly irritates me. The garage is consisting of rotting wood and peeling paint(is still the original garage from 1941), but since it’s still standing & functional, we can’t “require” them to fix it. The air conditioner is 23 yrs old (8 yrs past normal life expectency), & the hot water heater is 14 years old as well, but since they are still working we can’t requst them to fix it. Actually we can, but we can’t walk away if they don’t since they aren’t actual “defects”. Even though they obviously have to all be replaced asap.

And, something we overlooked on our initial walk through - the upstairs “bedroom” (cape cod style) doesn’t actually have a door on it - I guess a room doesnt actually have to have a *door* to be called a bedroom - yet is not a defect either….

We had requested the right to an inspection & if they don’t fix any defects we can walk away…. but can we request them to still repair items that are still functioning (but at the end of their life or rotting away)? Our realtor seems to want to brush any problems under the rug and we were stupid enough to use his inspector who lives about 6 houses down the road from this house - everything was ‘typical for this neighborhood’ including the water rings around the wall in the basement!

Urgh!

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Open Question: Has anyone had problems with HSBC bank (as the seller) in the purchase of a home?
I am trying to purchase a foreclosed home in San Pablo, CA where HSBC Bank in New York is the seller. This house had been listed since August of 2008 for the asking price of $189,000..I submitted my offer on Dec. 5, 2008 for $160,000. It took them one month to give me a reply on the acceptance of my offer (offer accepted Jan 5, 2009.) After my offer was accepted I signed the purchase contract and did my inspections within 2 days of signing that contract. It took them 1 more month to give me the ratified contract (they signed the contract on Feb 12, 2009.) After I did my inspections, I submitted a request for 3% back for closing costs ($4,800) and asked for another $1,200 back to fix the sewer lateral. It took another month ( end of March 2009) to accept my request. After this i was ready to close escrow and I got locked in for my 30yr fixed interest rate on my loan…. But the title company found an error in the deed of trust. When the home was foreclosed, it was foreclosed under Wellsfargo, not HSBC bank. So this needed to be corrected. Meanwhile, i went to the title company to sign my loan papers which were good only for the month of april. Meanwhile I had to get 4 extensions on my loan because we still didnt have the corrected deed. This made me mad because the delay was never on my part. It was HSBC’s delay. So now I owe over $500.00 in loan extensions I am not willing to pay. I submitted the request to HSBC to pay for these extensions and 2 notices of seller to perform or else I will cancel my contract. It is now May 7, 2009 and I still don’t have the corrected deed and I still have not been able to close escrow and get the keys to the house (I’ve been in contract since Feb 12,2009). Finally my question is: Has anyone had a problem like this with HSBC bank. Or any bank for that matter but in particular HSBC. I thought foreclosures would take 30days to close. Is this typical under the circumstances we are in with the banks and housing market being so messed up right now. To end this question they never even gave me a closing date. (What is up with that?) I am tired of waiting to close escrow…
***By the way I’m a 1st time home buyer***

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