Problem with Security Deposit (apartment, lease, tenant rights, inspection)

[sub_ufm]

Thank you for your guidance. The items identified in the pre-inspection were around the following and I was given a list in a document:

- A FEW SCREEN LOCKS BROKEN: She identified these in a rush. I found later that these were working. I had my own handyman come home to try to fix any deficiencies and as we looked around, these locks were working actually. Just had to be carefully latched as obviously these were old and I have been in the unit for 8 long years

- STAIN ON CUPBOARDS AND STAINING OF WOOD: I know that i recd these in the condition when i first moved in that i left these in. Even if they faded slightly, this should be no more than wear and tear after 8 years of staying. Further, I really cleaned up every part of the cabinet and the kitchen.

-CURTAIN RODS INSTALLED THROUGH OUT APT WILL HAVE TO COME DOWN: I installed only small curtain rods. There was one big rod she was pointing to that either she at some point or a previous tenant had fixed and she was holding me responsible for this.

- ENTIRE HOUSE NEEDS CLEANING: I cleaned up the house myself and with help from a cleaning service. I had noted in the move-in form at the time of moving in that there were blemishes and "the bathroom, carpet, kitchen coutertops, washer/dryer, refrigerator need to be cleaned"...I contend that I have returned the place in a state cleaner than what I recd the house in...

- SLATS MISSING ON VERTICAL BLIND ON SLIDER DOOR AND ADJOINING WINDOWS: Yes, 2 slats were missing and broken from the top in the living room. After all we lived for 8 years and these are ordinary slats..

- FAUCET ON SINK BROKEN: Well it just rotated a full 180 degrees but still worked correctly. Even if so, why wouldnt this be just wear and tear?


Finally, she charged me for the following:

- One day's rent contending that my 30 days notice ended on a weekend..Infact, my first notice to her was more than 30 days back with a notice to end tenancy on a sunday...Is there a law in sunnvale that tenancy must end only on a weekday? I didnt see any nor did we have anything to this effect in the lease.

- Cleaning Service: $390...Is just exorbitant and then I have given the apartment in a cleaner state considering that I have also noted in the "movein" sheet that the apartment at the time of move in was not clean.

- Budget Blinds - Kitchen, Living Room, Din Installed for $563...Even in her pre-inspection (as you see above), she identified only the vertical slats. vertical slats were in the living room, however, she has charged for a lot more...And then these are budget blinds much like she had before..Certainly these don't last for ever. 8 years is a long time that i stayed there for..

- Meyer Appliance - 4 Whirlpool Stove Pans ($28) - these were functioning just fine and these were not even identified in the pre-inspection report.

- Bathroom Window for $810...Again, we never touched that in our 8 years except sliding very rarely. I could not see any issue with it...She did not identify this in her pre-inspection report either and this must have been visible and identified to me if there was a problem at all. She had guys from outside come and fix the roof and do fumigation on one or two occasions during my time. If anything was wrong, it may have been from outside and these guys would have likely tampered with it.
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One topic for your advice further: I took a lot of pictures and videos on my cell phone that has developed some trouble in the last 2 weeks. I am not able to boot the phone. The pictures should surely substantiate my claims. Now to recover the pictures, I have to get help from advance data recovery shops that charge up to $500...Given I have 2050 at stake in terms of security deposit (she kept the entire amount), do you think I have enough in terms of a case above that you recommend I go and spend 500 to get the photos to substantiate my case..Or do you suggest not necessary....

I can get 2 or 3 witenesses:

1) Handyman who came to fix a few small things and check on the lock etc...
2) Ex-neighbor: Who also had a similar issue a couple of year back with her..who took her to the court and minutes before the case came up before the judge she negotiated and decided to give back the entire deposit...This guys is willing to help..
3) A current neighbor: who saw the condition of my house on the day of leaving and said I was giving the house back in exceptional condition, better than he himself had got his unit from her.

With all the information above, can you please guide me to what chance I have and how you would advise me to build up a case and proceed. Thank you so very much indeed.

[AZ Manager]

This is why you need to take a move-in and a move-out video as well as keep a copy of your move-in inspection form. Witnesses are pretty meaningless in cases like this. You might be able to fight the cleaning service if you have an invoice of cleaning you did, if that cleaning includes carpet you have a case because it is at the end of its life. I don't understand the window thing can't help you there. Blinds life is much longer than 8 years if you broke any of them then that's on you. One days rent is total bs, 30 days notice doesn't care about weekends or holidays. Stove pans are normal they get filthy if you don't clean them regularly.

The bathroom window seals sometimes "slip" and they need to be replaced. They can't charge you for that though because it isn't something you did.

My carrier and Google both backup my pictures I would double check those before you pay someone for data recovery.

[sub_ufm]

Thank you AZ Manager for your response. Can you please explain the "I don;t understand the window thing can't help you there"?

If there are a number of things she charged me for which she should not have, how does the judge typically view..Ask her to pay for those items or just broadly ask to refund the whole amount?

thank you.

[AZ Manager]

What was wrong with the window that the charge is for? I gave an example of one of the more common problems with a bathroom window but without more info I don't understand the problem.

As for the the rest of the post you need to check what your tenant rights are in your state regarding wrongfully withholding a deposit.

[Westbound and Down]

Was the cleaning service listed in the lease? Many leases I have seen put that in the lease, right up front. I am on a lease that specifies the carpet will be cleaned at a stated cost, unless I have it done professionally and show the manager the receipt. I got no problem with that.

Someone suggested the need to take a video, but photos at move-in suffice, along with a detailed report. The last property I rented (a house), I turned in condition and damage inspection report that was 8 pages long. The property manager commented that she had never seen such a report - I told her I always do it to protect myself against unscrupulous property managers. I have NEVER paid an extra dime or had any part of a security deposit withheld for damages or cleaning fees that I hadn't already agreed to in the lease for any house or apartment I have rented in my life, and I have been at this for over 40 years...

[sub_ufm]

No the cleaning service was not listed my lease...

On the window replacement, I have no idea what/why she replaced and charged me...

[AZ Manager]

Originally Posted by sub_ufm

No the cleaning service was not listed my lease...

On the window replacement, I have no idea what/why she replaced and charged me...

If its dirty they clean it listed in lease or not. Only way out of that charge is proof of the condition it was returned in. Their itemization sucks if you done know what was wrong with the window, ask them and let them know you are going to perdue a legal case if they don't start cooperating with you.

[lepoisson]

I always hate those check in sheets. They can always be left open to interpretation.

One place I lived, I checked the box for "fair" in kitchen floor and noted "scuffs and marks on floor". After I moved out, the landlord stated that my notation made the damage seem minor when it really was more serious. Luckily the manager was nice enough to not charge me because they were renovating anyways.

Because of this, every place I move in to, I take pictures of damage, and also do a video. I also request for the manager or landlord to do a walkthrough with me.

[bentlebee]

This sounds to me like a great case in court for you as the tenant. Usually I'm not backing tenants too often but your post comes across sincere to me especially with the 8 years stay you should not be liable for all the items.

The slats missing is just a package which doesn't cost much and at Home Depot they will cut them for you and after 8 years the depreciation is or will be close to zero to deduct anyway.

Screen broken after 8 years can be normal wear and tear as weather can cause screens to become brittle and if it is the screen lock after using it for 8 years and the way screen locks usually are...I would tell them buy a new lock for less then $ 20.- and no deduction.

Faucet= normal wear and tear unless there are signs of forcefully broken due to negligence.

She can't charge you for the move out/end date being in the weekend that is her error if she wanted a different date.

That is so outrageous and a first time I have heard of that being a charge.

I would take her to court if you need to as she will need to proof everything was brand new and in perfect condition, 8 years ago and she probably can't do that. Next she will need to bring all receipts and then she will have to explain the depreciation calculation she used for items that are not considered normal wear and tear.

Good luck to her as I put my bet on you.

Originally Posted by sub_ufm

Thank you for your guidance. The items identified in the pre-inspection were around the following and I was given a list in a document:

- A FEW SCREEN LOCKS BROKEN: She identified these in a rush. I found later that these were working. I had my own handyman come home to try to fix any deficiencies and as we looked around, these locks were working actually. Just had to be carefully latched as obviously these were old and I have been in the unit for 8 long years

- STAIN ON CUPBOARDS AND STAINING OF WOOD: I know that i recd these in the condition when i first moved in that i left these in. Even if they faded slightly, this should be no more than wear and tear after 8 years of staying. Further, I really cleaned up every part of the cabinet and the kitchen.

-CURTAIN RODS INSTALLED THROUGH OUT APT WILL HAVE TO COME DOWN: I installed only small curtain rods. There was one big rod she was pointing to that either she at some point or a previous tenant had fixed and she was holding me responsible for this.

- ENTIRE HOUSE NEEDS CLEANING: I cleaned up the house myself and with help from a cleaning service. I had noted in the move-in form at the time of moving in that there were blemishes and "the bathroom, carpet, kitchen coutertops, washer/dryer, refrigerator need to be cleaned"...I contend that I have returned the place in a state cleaner than what I recd the house in...

- SLATS MISSING ON VERTICAL BLIND ON SLIDER DOOR AND ADJOINING WINDOWS: Yes, 2 slats were missing and broken from the top in the living room. After all we lived for 8 years and these are ordinary slats..

- FAUCET ON SINK BROKEN: Well it just rotated a full 180 degrees but still worked correctly. Even if so, why wouldnt this be just wear and tear?


Finally, she charged me for the following:

- One day's rent contending that my 30 days notice ended on a weekend..Infact, my first notice to her was more than 30 days back with a notice to end tenancy on a sunday...Is there a law in sunnvale that tenancy must end only on a weekday? I didnt see any nor did we have anything to this effect in the lease.

- Cleaning Service: $390...Is just exorbitant and then I have given the apartment in a cleaner state considering that I have also noted in the "movein" sheet that the apartment at the time of move in was not clean.

- Budget Blinds - Kitchen, Living Room, Din Installed for $563...Even in her pre-inspection (as you see above), she identified only the vertical slats. vertical slats were in the living room, however, she has charged for a lot more...And then these are budget blinds much like she had before..Certainly these don't last for ever. 8 years is a long time that i stayed there for..

- Meyer Appliance - 4 Whirlpool Stove Pans ($28) - these were functioning just fine and these were not even identified in the pre-inspection report.

- Bathroom Window for $810...Again, we never touched that in our 8 years except sliding very rarely. I could not see any issue with it...She did not identify this in her pre-inspection report either and this must have been visible and identified to me if there was a problem at all. She had guys from outside come and fix the roof and do fumigation on one or two occasions during my time. If anything was wrong, it may have been from outside and these guys would have likely tampered with it.
---------------------------------------------------------

One topic for your advice further: I took a lot of pictures and videos on my cell phone that has developed some trouble in the last 2 weeks. I am not able to boot the phone. The pictures should surely substantiate my claims. Now to recover the pictures, I have to get help from advance data recovery shops that charge up to $500...Given I have 2050 at stake in terms of security deposit (she kept the entire amount), do you think I have enough in terms of a case above that you recommend I go and spend 500 to get the photos to substantiate my case..Or do you suggest not necessary....

I can get 2 or 3 witenesses:

1) Handyman who came to fix a few small things and check on the lock etc...
2) Ex-neighbor: Who also had a similar issue a couple of year back with her..who took her to the court and minutes before the case came up before the judge she negotiated and decided to give back the entire deposit...This guys is willing to help..
3) A current neighbor: who saw the condition of my house on the day of leaving and said I was giving the house back in exceptional condition, better than he himself had got his unit from her.

With all the information above, can you please guide me to what chance I have and how you would advise me to build up a case and proceed. Thank you so very much indeed.

[sub_ufm]

Thank you Bentlebee. Your feedback is very encouraging. I am hoping to get the photos from my cell next somehow and that would be key I guess in building a good case.