my landlords took my money!

XOMichelle · #1 07-27-2004, 01:18 PM

ug! It's been two days and I am still very upset. My landlords charged me $290 to clean and fix damages to my 180 sqft room that I lived in for 8 months. I left the place as clean as when I moved in, and never put anything on the walls. I'm writing them a letter and disputing the charges. I understand they want to charge me something, but $290 is overboard and in "bad faith". I hope to get them into a mediaton process so we can come to some kind of compromise.

We never did any kind of walkthrough, before I moved in or after I left, so neither of us has any proof that damage was done. I know that was stupid. Hindsight is 20/20!!! I know that if I had proof I could get out of all charges, but since I don't I will pay for it. That's ok with me, but I feel almost 300 dollars is too much to pay for no proof.

Here's the thing: I did leave some scuffmarks and dirt that couldn't be cleaned off one wall (I tried- it's cheap paint), and since the landlord is obsessive about cleaning, she spent a long time cleaning the clean room. I would say that all of those things fall under normal wear and tear, but again, I have no proof. So, I'm willing to give them something for those efforts. What do you think is reasonable? I was thinking $100-$150 would make sense, since you can charge max $126 without documentation in the state of CA for cleaning or damage. A professional could clean the bathroom/ bedroom for about $50 (the fee for my other 700 sqft apt was $100, so since this was half the size, I imagine it would be half the price), and the paint would cost another $50 or so for touch ups. What do you think?

winneythepooh7 · #2 07-27-2004, 01:26 PM

It's a little different from what you are asking, but I know here in NYC that when you pay first months/last months rent you should never expect to get the last months rent back. To make up for not getting it back, if you plan to move say sometime in Sept. tell your landlord in August or Sept. so you don't have to come up with the rent money for Sept.

oncelurked · #3 07-27-2004, 04:17 PM

Honestly, I think it depends on how awful the landlord wants to be about it and if you manage to get mediation, how willing the mediator is to see your side over the landlord's. I've heard lots of bad things about landlords not giving deposit money back no matter how clean you leave the place, especially in the PA/EPA/MP area. Do you remember me talking about the post-doc I worked with(Louise)? She and her man never got any deposit back when they moved out of their apt in EPA. Granted she isn't a neat-freak, but she didn't get one cent back - and I was under the impression that she had paid a large portion of a month's rent as deposit, so it wasn't like it was only $100.
Try for the mediation process, and maybe get some advice from a lawyer or a law student studying this sort of thing. Maybe LJ could hook you up with someone who might know something about rent laws/contract law?

Hope you get it worked out. You're making me scared about moving now! I had a different manager when I moved in than I do now, and the new one is a b**** and the old one was so disorganized that I don't know if the walk-through (as cursory as it was) was ever filed.

But good luck!

XOMichelle · #4 07-28-2004, 06:10 PM

This wasn't last mont's rent... it was a security deposit, which is quite different. I wrote them a letter and sent it certified mail telling them what I thought was off about the charges. Mostly, I am disputing what they charged me for labor to clean the apartment, since they charged me about twice what it would have cost to hire a professional. I'm getting them into a mediation process, so I hope we can come to an agreement. The mediators don't take sides, and they don't decide the outcome. They are just there to listen.

But, I have learned quite a bit about California tenant's rights!

Did you know that in Ca, they can't charge you more than $126 without proof they purchased goods and services? They have to give you your deposit back in 21 days after you leave with documentation of what they deducted. If they don't, you can sue them for the whole amount (or even more, if the witholding of your money caused you harm).

Also in CA they have to offer you an initial walkthrough before you move out and give you a chance to fix everything in the apartment that is damaged since you got there. They have to give you a list in writing, and you can document with pictures what you did. Oncelurked, that should help your situation. If not, it's cheap to file a suit in small claims court, only $22.

And, if they don't offer you a pre-move out walkthrough, they don't have the right to deduct stuff from your security deposit. How about those apples?

yea rights for the common man!

XOMichelle · #5 08-02-2004, 06:08 PM

They called me back this weekend. I am working up the courage to call them!! Part of me wants to just let the mediators deal with it, but I know I should be less chicken.

XOMichelle · #6 08-02-2004, 06:09 PM

Quote:

Originally posted by owlie33
You should request proof of your landlord's damages. In court, your landlord would be required to substantiate the $290 in damages with receipts. If she can't show you the receipts for the paint, labor, etc, then you are under no obligation to pay them. If they did the cleaning themselves and did not hire a cleaning crew, they cannot charge you cleaning crew rates - it seems you have found what your state statues say on this topic.

Most states do have a statute on the timelines that your security deposit is refunded or the statement of damages is mailed (your state is 21 days, mine is 30 days) and many landlords aren't even aware they exist.

Yes, in CA they have 21 days to give it back, and then they can only charge $126 without receipts. I'd be ok with $126!