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Old 01-12-2010, 09:30 PM
 
1 posts, read 2,582 times
Reputation: 10

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We just moved out of a house that used to be a frat house. The walls had been painted odd colors before we moved in. The property management company was aware of it and said that they would not charge us for paint or carpet because they know it's trashed already. We got a move-in checklist that was pre-stamped by the management company and we listed the paint and carpet condition as painted odd colors and noted that the carpet was old and torn in some spots.

Well we moved out recently and they are keeping $2200 listed as "graffiti repair" and carpet cleaning. On top of that, they are saying we owe $820 because one person didn't pay his nov rent and three of them didn't pay for the extra 5 days we were there in Dec. (We moved out dec 5th.)

What do we do? I've been told we can sue but we don't want the charges to hurt our credit in the meantime. The property management company waited until the 30th day to mail us our charge notice which should have been a refund check. I am getting calls from the same 800 number on a daily basis which began about 2 days after we received the letter.
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Old 08-12-2010, 09:31 PM
 
1 posts, read 2,209 times
Reputation: 10
Do you have a copy of your inspection sheet? Did you take any pictures upon moving in? The more evidence you have that the apartment was in poor condition upon moving in the better. You're absolutely not responsible for those damages.
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Old 08-12-2010, 10:01 PM
 
Location: Los Angeles, CA
126 posts, read 518,939 times
Reputation: 101
Credit score -- it's the adult equivalent of "this will go down on your permanent record." Were you the frat house or were you after the frat house?
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Old 08-13-2010, 08:10 AM
 
Location: El Pueblo de Nuestra Señora la Reina de los Ángeles del Río Porciúncula
13,627 posts, read 14,084,942 times
Reputation: 9721
As far as the damages, your recourse is to take them to small claims court.

As far as the withheld rent, I'm pretty sure you're stuck paying that since the deposit is held hostage until all rent obligations are satisfied. You are the one who picked your co-renters "one person didn't pay his nov rent and three of them didn't pay for the extra 5 days we were there in Dec." If you're the one who placed the deposit then you're the one who is going to have to track down any renters who didn't pay.

I'm pretty sure you can tell the folks at the 800 number to quit calling you and there's a law/regulation that says they have to honor that. Right? (I'm sure somebody here at the forum will know that.)


Here's some advice for any renter:

1. Get everything in writing. Pay nothing by cash, use a check so you have proof of payment. It's a good idea to get a receipt for every payment too.

2. Take pictures before you move in. Take pictures right at the point when you've moved out and turning in your key.

3. If there's any damage that wasn't there when you moved in, get at least two repair estimates. You should expect to pay for repairs, and it would be better to repair any damage you caused before you vacate.

4. If you're sharing rent with friends you had better pick good trustworthy friends. Why anybody would trust living with a flake is beyond my comprehension. If your co-renters don't pay their obligations then it's quite likely you'll be stuck with it.
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Old 08-13-2010, 11:09 AM
 
Location: Dalton Gardens
2,798 posts, read 5,367,431 times
Reputation: 1570
Quote:
Originally Posted by Johneedeformed View Post
We just moved out of a house that used to be a frat house. The walls had been painted odd colors before we moved in. The property management company was aware of it and said that they would not charge us for paint or carpet because they know it's trashed already. We got a move-in checklist that was pre-stamped by the management company and we listed the paint and carpet condition as painted odd colors and noted that the carpet was old and torn in some spots.

Well we moved out recently and they are keeping $2200 listed as "graffiti repair" and carpet cleaning. On top of that, they are saying we owe $820 because one person didn't pay his nov rent and three of them didn't pay for the extra 5 days we were there in Dec. (We moved out dec 5th.)

What do we do? I've been told we can sue but we don't want the charges to hurt our credit in the meantime. The property management company waited until the 30th day to mail us our charge notice which should have been a refund check. I am getting calls from the same 800 number on a daily basis which began about 2 days after we received the letter.

Was the Move In/Move Out Itemization handed to youby a leasing agent on the day you did the walk-through before accepting the keys? If so, did the agent sign the form after you added the comments about the walls and carpet?

Most apartment managers/house leasing agents take photos of the unit/house at the time of the previous tenant's move out and just before the new tenant takes possession. These photos should be date stamped. Ask to see copies of these photos.
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Old 08-13-2010, 01:03 PM
 
Location: Los Angeles
4,774 posts, read 6,940,251 times
Reputation: 6384
" Get everything in writing. Pay nothing by cash, use a check so you have proof of payment. It's a good idea to get a receipt for every payment too."


I have been in property management for twenty years, and ONLY accept cash for rent.
I never except any payment without giving the tenant a receipt for every penny spent.
Cash is fine as long as you get a receipt at the time of the cash exchange.
No receipt at the time of payment, then don't pay.
Bob.
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Old 08-13-2010, 01:10 PM
 
Location: El Pueblo de Nuestra Señora la Reina de los Ángeles del Río Porciúncula
13,627 posts, read 14,084,942 times
Reputation: 9721
Quote:
Originally Posted by CALGUY View Post
I have been in property management for twenty years, and ONLY accept cash for rent.
You must manage properties in a pretty disreputable side of town. Before I became a homeowner I lived in apartments in Van Nuys and Encino and I made every single payment by check.
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Old 08-13-2010, 01:34 PM
 
Location: Dalton Gardens
2,798 posts, read 5,367,431 times
Reputation: 1570
Our company never, EVER accepts cash. However, the law is a bit murky on this point. Apparently, if a tenant INSISTS on paying in cash and you refuse it and later charge them a late fee because they are now late, the owner can be sued.
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Old 08-13-2010, 02:26 PM
 
Location: Columbia, California
6,662 posts, read 25,364,551 times
Reputation: 5067
The OP is a one post pony from Jan 12, 2010. How did this ever get dug up?
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Old 08-13-2010, 03:14 PM
 
Location: El Pueblo de Nuestra Señora la Reina de los Ángeles del Río Porciúncula
13,627 posts, read 14,084,942 times
Reputation: 9721
The statement on our currency says it all: "This note is legal tender for all debts, public and private."

Of course I'm not a lawyer but my understanding is that legally speaking you cannot refuse to accept payment in cash.

I've always thought it kind of trailer trashy to pay your rent in cash. Especially late.

Also totally uncool for the check to bounce due to NSF.
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