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Old 09-04-2009, 02:44 PM
 
1 posts, read 7,799 times
Reputation: 11

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I gave my 30 day notice to leave the apartment I rent in California. Just after that, my LL asked me to repair damages in my apartment that were present before I moved in. When the LL gave me the keys, we did a quick walk-through inspection without any form. He told me that it was not necessary but after I insisted he told me he would send me the walk-though form I could fill out and then send back to him. Just after moving in, I sent him 2 emails (that I kept) reminding him to send me the walk-through form. He never replied at that time to my emails. He also never answered my phone calls. Recently, he replied to one of this email I sent last year concerning another problem, proving me that he did receive and ignore my emails.
I also have witnesses that can confirm that the damages I am asked to repair were already present when I moved in.
In this situation, am I obliged to repair what the LL asks me to repair?
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Old 09-05-2009, 12:17 AM
 
Location: 39 20' 59"N / 75 30' 53"W
16,077 posts, read 28,440,167 times
Reputation: 18184
No, not if you have proof they were not your damages, pictures
would prove that they were there when you moved in. You have
to protect yourself, not all LLs are going to be above board.

I can't say whether or not a judge would accept the testimony of friends
as evidence of damages present when you moved in.

If its possible to make small repairs yourself, it might be in your best interest to make them.

When you vacate take pictures of everything, leave the unit spotless,
and make sure to schedule a walk thru with the LL, get that signed walk thru in your hand.
Its your insurance policy if the amount refunded isn't what was discussed and in writing.

California Department of Consumer Affairs, great landlord tenant website for CA

Last edited by virgode; 09-05-2009 at 12:20 AM.. Reason: pghing
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Old 09-05-2009, 06:08 AM
 
4,921 posts, read 7,655,372 times
Reputation: 5477
Leasing rule number one: Never trust a landlord! There was a time in America when all you needed was the word and handshake of someone. Today it means nothing. Always get photos and there is no excuse for not getting them. You can buy a dv camera for under $200 new and cheaper from ebay or craigslist. As a renter it will be the best investment you ever made.
Emails are never lost. If they are undeliverable they come back. They also prove dates and times. Never delete emails relating to business. Usually with LL's you will only have a few emails anyway and I suggest printing hard copies and keeping them on file.
There are good LL's but there is nothing like a CYOA, (cover your own ass), philosophy. Many LL's make a sincere effort to keep the security deposit or at least the majority of it. I think your problem may be your witnesses are not independent proof and that if you had to go to court would they actually appear. Still I think it is worth the battle. Many LL's pull that crap off and tenants don't want to get involved so they allow this BS to happen. Give it a good fight!
Always remember; never trust a landlord!
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Old 09-05-2009, 07:33 AM
 
Location: Western Washington
8,003 posts, read 11,682,473 times
Reputation: 19539
Default Hindsight vs Foresight

It is unfortunate that you did not have a digiital camera at the time you moved in. When my DD moved into a house at the beginning of the year, I took our digital camera in and not only took pictures of all damage in the house, but had her sit down and document them as well. She then sent and email to the landlord with the list. The landlord took some money off of her rent in return for fixing much of the damage and pictures were taken of all of the repairs as well. She had no reason to not trust the landlords, but as previously mentioned, some landlords have no intention of returning that deposit. After living there for a while, she did notice though, that the landlord had blamed previous tenants for leaving a crapload of garbage in the storerooms of the house. As she cleaned out the storage rooms, to make room for her own things, she discovered that MOST of the stuff in them were trash left behind by the landlords....old appliances, boxes from new appliances and repairs done BY the landlords, etc. Most likely, the trash, trash, left in the storage rooms was actually crap the landlords had cleaned out of the house from previous tenants was actually put in those storage rooms instead of them hauling it off. I am sooooooo glad we did pictures.
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Old 09-05-2009, 02:37 PM
 
28,107 posts, read 63,385,620 times
Reputation: 23222
Of course the Landlord can ask... the real question is are you responsible for pre-existing damage and the answer is NO!

The problem is establishing the damage in question is pre-existing.

Sounds like you have a paper trail with witnesses which is always good.

Just for curiosity... how extensive are the damages in question? I've seen huge disputes over $50 worth of damages.

In any event... you should be prepared to bring you case before a judge if agreement cannot be reached...

Good Luck and persistence pays-off...
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Old 09-06-2009, 12:09 AM
 
Location: Airports all over the world
7,487 posts, read 7,965,385 times
Reputation: 106086
While not completing an apt condition form when you moved in could be a problem for you, it is also a problem for the landlord. You have nothing to show the damage was pre-exsisting. However at the same time, the landlord has nothing to show the damage was not pre-exsisting. Since it is the landlord that is saying you caused the damage, it is up to him to prove it. Also, you can not be charged for normal wear and tear.
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Old 09-06-2009, 09:42 AM
 
Location: Boise, ID
8,046 posts, read 28,356,590 times
Reputation: 9469
Even with an honest landlord, mistakes can be made. We have about 60 units. If a tenant doesn't fill out our move in sheet, which happens about 25% of the time, and they occupy for 2 years, it is likely we won't REMEMBER what damages were there before they moved in.

It isn't because we are the big bad landlord who is just out for a buck, its because they all blend together and 2 years later, we don't remember the specifics. That's why the paperwork.

If the LL didn't provide you with a move in sheet, after you asked for one, I would have typed up a list (or hand written, whatever) and taken a copy for him to sign receipt of. Photos or video are, of course, recommended if you think the sheet is unclear or the damage is severe.
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Old 09-06-2009, 10:48 AM
 
Location: 39 20' 59"N / 75 30' 53"W
16,077 posts, read 28,440,167 times
Reputation: 18184
This is true, because theres no move in inspection sheet, the burden of
proof that damages were yours is the LLs as well, so its your word against
hers, and to be fair LLs don't have photographic memories of what
each apartment looked like when rented.

So, now you have a dispute which means your going to have to go to
small claims court to let a judge settle the matter. Theres a filing fee in small claims, in addition ,
your looking at taking time off from work,
add the two up.

You can make the repairs and be done with it, or let the LL take the
deductions and consider it a lesson learned or go to court, your choice.

Last edited by virgode; 09-06-2009 at 10:48 AM.. Reason: pghing
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Old 03-31-2018, 10:08 PM
 
Location: Too personal of a question
133 posts, read 97,232 times
Reputation: 164
I’m safe this isolder thread but I wanted to chime as my reputation was slandered. My landlord told the workers he had at the time for us to turn in our keys, his real estate agent and floor repair guys. Blamed prior damage on the floor and said we did but it wasn’t us. He even admitted it was the prior tenant. We get dirty looks and someonecsaud. Karma will get them. We did nothing wrong. This guy is very passive aggressive and was actual by very odd. We left his place spotless and he acted as if we trashed it. What can I do? Anything!
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Old 03-31-2018, 10:20 PM
 
1,663 posts, read 1,561,809 times
Reputation: 3348
Quote:
Originally Posted by KimberlyAnn53 View Post
I’m safe this isolder thread but I wanted to chime as my reputation was slandered. My landlord told the workers he had at the time for us to turn in our keys, his real estate agent and floor repair guys. Blamed prior damage on the floor and said we did but it wasn’t us. He even admitted it was the prior tenant. We get dirty looks and someonecsaud. Karma will get them. We did nothing wrong. This guy is very passive aggressive and was actual by very odd. We left his place spotless and he acted as if we trashed it. What can I do? Anything!
What is your loss? What was the negative impact of your landlord’s alleged statement?
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