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Old 08-15-2013, 03:41 PM
 
67 posts, read 98,425 times
Reputation: 16

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its different in CA they have to tell you or they cant keep anything, someone even posted that on here That I have a case because of that!
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Old 08-15-2013, 11:12 PM
 
Location: Living on the Coast in Oxnard CA
16,289 posts, read 32,350,015 times
Reputation: 21891
Quote:
Originally Posted by lilteacherNV View Post
[SIZE=2][SIZE=2]I rented a place for 14 months when I moved in it was pretty clean but I didn't take any photos.[/SIZE]
[SIZE=2][/SIZE]
[SIZE=2]I signed a lease that said I needed to carpet clean and professionally clean the place before I moved out and provide a receipt for doing so or it can be taken out of my security deposit.[/SIZE]
[SIZE=2][/SIZE]
[SIZE=2]I did some damage to the unit but I know the landlord said he didn't care and I wouldn't have to fix anything. I asked for a move out inspection but I was never able to make the time to do one with him.[/SIZE]
[SIZE=2][/SIZE]
[SIZE=2] However 3 weeks before I moved out her was in the unit getting ready to show it someone to rent and I asked him how things looked and he said everything looked fine. To me that means I shouldn't have to do anything and it was clean and he didn't care about the damage.[/SIZE]
[SIZE=2][/SIZE]
[SIZE=2]The day I finished moving my stuff out I left the unit keys in his mail box and didn't sign off on anything. I feel I cleaned the place really well but I didn't carpet clean and I did damaged the bathroom sink but I don't think I should pay for it to be professional fixed when the owner can go to HomeDepot and fix it himself. [/SIZE]
[SIZE=2][/SIZE]
[SIZE=2]I have seen repair kits for sink that are $5-$30 but he said it will cost $90 for all the materials, how can he charge me for plastic and tape to prep the sink. He should only be allowed to charge for the repair kit, he should already have those things in his garage.[/SIZE]
[SIZE=2][/SIZE]
[SIZE=2]He sent me the receipts that shows he did pay $90 for the sink supplies and also sent me a professional estimate to recoat the sink that was for $205 and said he was being nice but not charging me that amount. I feel I should just pay no more than $30 for the kit. And he never told me in person that the carpet had to be cleaned, can he say that was in the lease agreement and the overrides anything verbal? He sent me a recepit for the carepet service also. How can he charge me to clean the carpets I didnt know this had ot be done.[/SIZE]
[SIZE=2][/SIZE]
[SIZE=2]In the end my deposit was $600 and he kept $90 for the sink $50 for cleaning and $85 for carpet.[/SIZE]
[SIZE=2][/SIZE]
[SIZE=2]I don't see why I owe anything he said that the unit was fine and I didn't have to fix anything and he would.[/SIZE]
[SIZE=2][/SIZE]
[SIZE=2]Does a verbal move out inspection count for anything. Since he never gave me paperwork saying what I had to fix than I shouldn't have to fix or clean anything, its his fault isn't it?[/SIZE]
[SIZE=2][/SIZE][/SIZE]
So I looked at the California Rental Law. You can find it online. Lets see what it says.

You stated that the apartment was pretty clean when you moved in. The rental law says: apartment shall be returned in similar state of cleanliness. AS noted you did not do that.

You mentioned that the lease says you need to professionally clean the carpet and the apartment or the amount to do so can be taken out of your lease. The rental law says that a land lord can deduct reasonable cleaning charges to make the place as clean as when you rented it. As stated above, you claim the place was "pretty clean".

"I did some damage to the unit but I know the landlord said he didn't care and I wouldn't have to fix anything" Rental law states that landlord can charge to return the rental into the same condition as it was when the tenant moved in minus normal wear and tear. That money can come out of the deposit.

" I asked for a move out inspection but I was never able to make the time to do one with him." Rental law states that both the tenant and the landlord must agree on a time and date. If you the tenant can not keep the date or are unable to complete the inspection you are waiving your right to that inspection. The inspection is to give you time to make the repairs to the rental.

"The day I finished moving my stuff out I left the unit keys in his mail box and didn't sign off on anything. I feel I cleaned the place really well but I didn't carpet clean and I did damaged the bathroom sink but I don't think I should pay for it to be professional fixed when the owner can go to Home Depot and fix it himself." The California rental law says that an owner can 1. Make the repairs themselves or have an employee or agent of the landlord make the repairs. They are allowed to charge for their time and will need to give the tenant an invoice or bill listing the cost of time. 2. The landlord can have a company come in and make the repair and can give you a copy of the companies invoice. Also listed along with the labor rate would be a cost for materials needed to make the repair.

"He sent me the receipts that shows he did pay $90 for the sink supplies and also sent me a professional estimate to recoat the sink that was for $205 and said he was being nice but not charging me that amount. I feel I should just pay no more than $30 for the kit. And he never told me in person that the carpet had to be cleaned, can he say that was in the lease agreement and the overrides anything verbal? He sent me a recepit for the carpet service also. How can he charge me to clean the carpets I didnt know this had ot be done"
The California Rental law says that the landlord can charge for reasonable cleaning, cleaning of the carpets, and repair to the unit. The landlord is not required to send you copies of invoices or receipts, or a good faith estimate, if the repairs or cleaning cost less than $126. Chances are that the recoating of the sink was not something that he could charge you as it probably happened over time. He is not being nice, he can not charge you for that.
[SIZE=3]
In the end my deposit was $600 and he kept $90 for the sink $50 for cleaning and $85 for carpet. The law states that charges have to be reasonable. Depending on location, hourly rates for a maintenance professional are anywhere from $25 to $60 an hour. I charge a $50 an hour minimum for side work. That does not include parts. I see the charge for the sink as reasonable. Apartment cleaning can be anywhere from $45 to $250. I see the cleaning charge as reasonable. Carpet cleaning can vary but I would bet that $85 is not far from reasonable.
[SIZE=3]

You can read the entire law at; http://www.dca.ca.gov/publications/l...k/catenant.pdf[/SIZE]
[/SIZE]


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Old 08-15-2013, 11:24 PM
 
Location: Living on the Coast in Oxnard CA
16,289 posts, read 32,350,015 times
Reputation: 21891
Quote:
Originally Posted by lilteacherNV View Post
its different in CA they have to tell you or they cant keep anything, someone even posted that on here That I have a case because of that!
They have to tell you at the initial inspection. The landlord is not required to offer an initial inspection, the tenant has to request one first and a time has to be agreed on by both the landlord and the tenant. You stated that you never were able to make the appointment. You forfeited your right to an initial inspection by not making a point to complete it. On top of that the inspection can not happen until two weeks prior to the end of the tenancy or end of lease and the tenant has to be given a reasonable amount of time to clean the unit and make all needed repairs.
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Old 08-15-2013, 11:28 PM
 
Location: Mishawaka, Indiana
7,010 posts, read 11,978,882 times
Reputation: 5813
YOU damaged the sink without telling him, him charging you for those damages is PERFECTLY reasonable. What you think he could pay to repair it and what he actually paid is irrelevant. If it was so cheap to fix maybe you should have fixed it yourself and saved yourself the time and money in the long run?

These are damages you incurred, it's in the lease that they will take away money from your security deposit to cover the damages. I don't even know why you're asking this question.
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Old 08-15-2013, 11:57 PM
 
Location: Rural Central Texas
3,674 posts, read 10,606,265 times
Reputation: 5582
No problem, just show the paid invoice for the professional cleaning services specified in the signed contract and you will be fine.
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Old 08-16-2013, 03:13 PM
 
Location: Living on the Coast in Oxnard CA
16,289 posts, read 32,350,015 times
Reputation: 21891
I really could use a laugh today. Where is the op when you need her?
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Old 08-16-2013, 03:53 PM
 
11 posts, read 50,800 times
Reputation: 10
Hey it is nice on the part of landlord that he didn't charge you any money he has the authority to charge you for any damage!!
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Old 08-17-2013, 11:11 AM
 
Location: Silicon Valley
18,813 posts, read 32,512,273 times
Reputation: 38576
Quote:
Originally Posted by SOON2BNSURPRISE View Post
I really could use a laugh today. Where is the op when you need her?
Hahahaha! I actually resisted reading this thread yesterday. But this morning...like a moth to a flame.....
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Old 08-17-2013, 11:15 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,710,891 times
Reputation: 26727
If she ever comes back to this thread after her court appearance to boast that she won and got lots of money, would somebody please ask her to provide a confirming link to verify? Or at least cite the Case# and jurisdiction. Yawn.
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Old 08-17-2013, 11:36 AM
 
Location: Silicon Valley
18,813 posts, read 32,512,273 times
Reputation: 38576
Quote:
Originally Posted by STT Resident View Post
If she ever comes back to this thread after her court appearance to boast that she won and got lots of money, would somebody please ask her to provide a confirming link to verify? Or at least cite the Case# and jurisdiction. Yawn.
Amen! I wish we could provide the court with this thread.
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