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Old 04-15-2017, 02:53 PM
 
7 posts, read 2,276 times
Reputation: 10

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Hi, I recently moved out from a place (in California) and just got an itemized deduction for my security deposit. In that list I got repeatedly charged on things I thought we verbally agreed on, and never once I was reminded that it would come at a cost. I just want to know if that's legal, and what can I do about it.

1. Extra half month rent of charge. My lease ends on 3/31, but landlord says it's okay if I move on 4/1 morning since I have to work. (No new tenant moving in, and he only accepts move-out process before 4pm ) I moved all my stuff out on 3/25, and returned on 4/1 to finish up the checkout process. Now I got charged for half of April's rent, and I wasn't reminded at any time throughout the process. He is charging this according to the lease we signed.

Is this merely "bad faith", and is there something I can do?

Also, he has been putting up advertisements on his place since 4/1, citing it's available now. If I am paying the extra half month rent, presumably as a renter - is it legal for him to rent it out before 4/15?

2. It also claims (with a charge) I throw "unsuitable things in the bathroom" dated 4 months back. I don't remember any such incident - if any, it would be a claim against me putting gum in a sink. I don't eat gums, so I denied it and he didn't say anything at the time after.

There are several other incidents of this nature in the itemized deduction. Every one it lists the incident with a date, and charged me money for it according to the lease. All of them was first violation at the time - there were various rules in the lease agreement that I don't fully remember when I first moved in, e.g. you need to cover your food with a very specific cover he provides before you put the food in the microwave.

Again - is this merely bad faith (zero notice on anything that may incur a charge), and is there something I can do? Or is he completely winning on legal grounds in all these claims?

Also, for these incidents - since there was no formal documenting process that I am aware of right now; does he need to present evidence before charging me for these things?

Thank you.
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Old 04-15-2017, 03:01 PM
 
Location: Beautiful Rhode Island
6,295 posts, read 10,463,432 times
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Nope. If it's in your lease and you signed, you're responsible for adhering to all of its provisions.

Unless the extra half month's rent reads in the lease as a "penalty", he could owe you some rent if he moves someone in before then.

The only thing that looks odd is the "unsuitable things" in the plumbing- did you stop up the plumbing? If you did, it doesn't matter what you did it with!
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Old 04-15-2017, 03:06 PM
 
7 posts, read 2,276 times
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Quote:
Originally Posted by Hollytree View Post
Nope. If it's in your lease and you signed, you're responsible for adhering to all of its provisions.
Hm I see. I assume that also means no notice of any sort is necessary?

Quote:
Originally Posted by Hollytree View Post
Unless the extra half month's rent reads in the lease as a "penalty", he could owe you some rent if he moves someone in before then.
I will have to double check that later in the day, but does that mean if it's a "penalty", then again I can't do anything?

Quote:
The only thing that looks odd is the "unsuitable things" in the plumbing- did you stop up the plumbing? If you did, it doesn't matter what you did it with!
There was a gum in the bathroom sink. I didn't put it in, it wasn't really blocking the water flowing, so I didn't do anything about it. There were other tenants in the house too; presumably whoever did it - or the landlord - removed it.
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Old 04-15-2017, 03:07 PM
 
7 posts, read 2,276 times
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Also I know I'm just ranting - but still I'm pissed that people can just cite whatever in the lease even though it's like 50 pages. I mean, people are apparently pissed at United but they have always held the right of involuntary denial of boarding according to the fine prints :/
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Old 04-15-2017, 09:26 PM
 
Location: North Idaho
20,999 posts, read 25,750,723 times
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Quote:
Originally Posted by soarer View Post
Also I know I'm just ranting - but still I'm pissed that people can just cite whatever in the lease even though it's like 50 pages. I mean, people are apparently pissed at United but they have always held the right of involuntary denial of boarding according to the fine prints :/
For future reference, a contract is a legally binding document. Your life will be easier in the future if you don't sign contracts without understanding what they mean.

You overstayed, so 1/2 month rent is getting off cheap. If the landlord is able to rent to a new tenant before that period is up, then the landlord should return the unused balance to you.
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Old 04-15-2017, 11:38 PM
 
7 posts, read 2,276 times
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Quote:
Originally Posted by oregonwoodsmoke View Post
For future reference, a contract is a legally binding document. Your life will be easier in the future if you don't sign contracts without understanding what they mean.

You overstayed, so 1/2 month rent is getting off cheap. If the landlord is able to rent to a new tenant before that period is up, then the landlord should return the unused balance to you.
Cool, thanks, lesson learnt.

The precise statement in the lease was
"Check out before 15th of the month will pay half-month rent and utilities of the month."
Given the word "rent" is used here - not penalty - does that mean I am still a legal tenant in the first half of the month?
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Old 04-16-2017, 05:21 AM
 
8,316 posts, read 17,641,658 times
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Quote:
Originally Posted by soarer View Post
Also I know I'm just ranting - but still I'm pissed that people can just cite whatever in the lease even though it's like 50 pages. I mean, people are apparently pissed at United but they have always held the right of involuntary denial of boarding according to the fine prints :/
did you read your lease before you signed it? If not, you should make it a practice to read every page and to clearly understand what you're reading.

It's also common knowledge, and in fine print, that an airline can deny you boarding. There's plenty of businesses out there that can refuse service...if you're denied, you're free to sue.

(and in no way am I condoning what happened to that United passenger..that was ridiculous and I hope he takes it to court)

As to your half month's rent...you overstayed your lease, be thankful you weren't charged for the full month.
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Old 04-16-2017, 05:35 AM
 
5,484 posts, read 5,206,429 times
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Anything verbal - cant be proven, so never do verbal contracts.

if you are paying 1/2 of April, then he cannnot move anyone in before April 16.
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Old 04-16-2017, 11:19 AM
 
16,485 posts, read 17,513,441 times
Reputation: 23531
Quote:
Originally Posted by soarer View Post
Hi, I recently moved out from a place (in California) and just got an itemized deduction for my security deposit. In that list I got repeatedly charged on things I thought we verbally agreed on, and never once I was reminded that it would come at a cost. I just want to know if that's legal, and what can I do about it.

1. Extra half month rent of charge. My lease ends on 3/31, but landlord says it's okay if I move on 4/1 morning since I have to work. (No new tenant moving in, and he only accepts move-out process before 4pm ) I moved all my stuff out on 3/25, and returned on 4/1 to finish up the checkout process. Now I got charged for half of April's rent, and I wasn't reminded at any time throughout the process. He is charging this according to the lease we signed.

Technically if that's true then you shouldn't have to surrender the property until 4/15. If you moved your stuff out in 3/25 you should of surrendered on 3/31. You overstayed and he charged you as the lease provided. Yeah it's a bush league move on the LLs part I agree. He's just used the provision to ding you. I despise bs like that.

Btw his "penalty" might be illegal under California law. Just because it's written in a lease doesn't mean it's legal or enforceable in court




Is this merely "bad faith", and is there something I can do?

Probably nothing you can do unless you go to court.

Also, he has been putting up advertisements on his place since 4/1, citing it's available now. If I am paying the extra half month rent, presumably as a renter - is it legal for him to rent it out before 4/15?

Sure. But he has to refund the difference if he rents it before the 15th. It's illegal to double dip.

2. It also claims (with a charge) I throw "unsuitable things in the bathroom" dated 4 months back. I don't remember any such incident - if any, it would be a claim against me putting gum in a sink. I don't eat gums, so I denied it and he didn't say anything at the time after.


Was there a charge from a plumber? Did he have to pay to fix the unsuitable things damage? Where is his proof of damage and cost to repair?

There are several other incidents of this nature in the itemized deduction. Every one it lists the incident with a date, and charged me money for it according to the lease. All of them was first violation at the time - there were various rules in the lease agreement that I don't fully remember when I first moved in, e.g. you need to cover your food with a very specific cover he provides before you put the food in the microwave.

Was there any damage or monetary loss? Did you request a walk through two weeks before end of lease? Did the LL inform you of your right to request a walk through inspection? Did the LL give you a chance to fix any damage or for repairs if there was any. Is there any proof of these incidents and subsequent charges? It just sounds like a LL who wants your deposit and is doing everything possible to keep it. Probably knowing you're not going to be fighting back

Again - is this merely bad faith (zero notice on anything that may incur a charge), and is there something I can do? Or is he completely winning on legal grounds in all these claims?

Like stated, just because he wrote it in a lease or charged it doesn't make it legal. He could be charging for what is basically wear and tear which isn't chargeable against your deposit

Also, for these incidents - since there was no formal documenting process that I am aware of right now; does he need to present evidence before charging me for these things?

Yes he would have to have proof of damage and repairs before he can charge. Otherwise he can make up as much damage as your deposit. Which I'm about sure the total charges magically total your security deposit.
Is every charge rounded off or .xx cents


Thank you.
Bold
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Old 04-16-2017, 12:27 PM
 
7 posts, read 2,276 times
Reputation: 10
Quote:
Originally Posted by Kim in FL View Post
did you read your lease before you signed it? If not, you should make it a practice to read every page and to clearly understand what you're reading.

It's also common knowledge, and in fine print, that an airline can deny you boarding. There's plenty of businesses out there that can refuse service...if you're denied, you're free to sue.
I knew this for the case of airlines, but yeah I guess I was merely making an excuse for not reading the contract uber carefully. It's my fault.
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