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I have lived in a duplex for six years. For the first four years, everything was fine. I have been in treatment for severe depression/anxiety disorder since 2000. For the past two years, it has been getting worse and I am afraid that my house bore the brunt. I was completely unable to clean my house or take out trash for almost two years. Here is the current situation. I have stepped up my treatment, I have admitted to my therapist the situation, something I had been unable to do before. I was not evicted from my house and the rent is up to date but I am now living in a new house. The problem is, I cannot get everything out of the old house. It is trashed. There is no structural damage aside from a hole in one bedroom wall (drywall) which was a complete accident and will be simple to fix. There is trash everywhere. I have tried almost daily to get over there and clean it out. I have no local support system, no close family and even my church was unable to help, which really upset me. Because of my mental health issues, I cannot even walk in the front door of the old house without dissolving into tears. I have written a letter to my landlord which I will deliver along with the key this Saturday. I am taking full responsibility for the cleaning and repairs and am offering to set up a payment plan to repay them for any costs beyond the security deposit. I have my new landlord as well as a counselor coming over to make regular home visits to the new house to make sure this doesn't happen again. I am doing everything I can think of to make amends. I am scared that my old landlord will get really nasty over this, and while I wouldn't blame him if he did, I am hoping he will take my situation into consideration and let me make this right. I would love to hear from tenants and landlords alike on this subject as well as any advice from mental health professionals. What are my rights? What are my responsibilities?
The main issue is that you didn't start planning for this inevitability several months ago. When you decided to move, you should have started calling house cleaners and getting quotes. To save money, you even could have posted an ad on a local campus somewhere to get cheap labor. I understand that your friends failed you, which only added to your depression, but there were other options. Now, it's 5 days before everything is supposed to be done, and you are on here. I understand depression and I understand that it's so hard just to get out of bed, much less deal with emotional issues, especially when they are your fault. It just becomes this awful cyclical torture. I'm depressed so I didn't take care of it. Because I didn't take care of it, I'm depressed. You are in the Real Estate section, so I will answer your question as a Landlord. If this were my property, because I understand depression somewhat, I would be hesitant to allow "payments" to be drawn out longer than 2 months because I know that while the person may mean to pay it off, another bout of depression hits and they disappear for 6 months. The other thing you need to consider is that if it's a management company, or anything that's any kind of formal business (Inc, LLC, etc), they are going to be far more likely to abide by your contract and the laws. Meaning they will give you a certain amount of days to pay for the damages and then may choose to take legal action. An independent landlord will be more likely to cut you slack, especially if you've had a good relationship with him in the past. Your responsibilities are to pay for the cleaning of the property in the time allotted by the landlord. Your rights are that if you do so, it will not affect your credit.
Your responsibility will be to pay for the gutting and cleaning, replacement of carpet, and paint - or whatever it takes to restore the property to livable. If it is that upsetting for you to enter the duplex, and you can afford to pay soemone to do it, then by all means, do so. Maybe try googling "cleaning crew" and your city or something to see if there is a hirable service that can do this for you. new-jersey - ask your landlord who he uses in situations like this, and then go do it yourself (cheaper that way). If he gets nasty, he gets nasty. You are doing the right thing, and that is above and beyond what a lot of people do these days.
Of course he will keep your security deposit and charge you for the damages. If you cant pay him within a reasonable amount of time he will take you to court. It would be much easier if you hired someone to come in to clean before handing over the keys.
You can pretty much kiss you security deposit goodbye - hopefully he won't come after you for any more money for "cleaning" either that or hire someone to help you clean it out
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