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Old 06-30-2012, 12:52 PM
 
2 posts, read 10,805 times
Reputation: 20

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So here's what has happened.

I was a tenant at a unit for 12 /mo's at which time I remained in communication with the property management extensively whenever a situation arose. This includes when I added my 3 week old Shih Tzu puppy and added someone onto the lease mid-year. I've never been late on any payments and have had no complaints from the management company or my neighbors.

I ended up giving my notice to vacate in a proper manner and requested my deposit be refunded. I was expecting the normal cleaning costs we both agreed upon. However, what I received was far from that. The only additional cost would have been for my puppy scratching one of the bedroom doors which would need to be repaired and I take full responsibility for.

Move Out Statement
Item in Dispute: "Pet, Unauthorized - Kitten observed in unit (Lease: 4.8) $500.00 Charge

I've never had any other animal on the property other than my dog. Note, the date they created the charge was when they performed a move out inspection. No where in the things they sent me did it state what was observed or by whom. I've always heard companies try and do these types of things and create bogus charges but I've never experienced it until now. I've always had great relationships with my property management companies.

On the first page it says "Any disputes must be submitted in writing", "Any balance shown on the last page of your statement is due upon receipt", and "Any un-paid amounts are promptly turned over to collections".

I immediately sent them an e-mail and drafted up a written notice I'm going to be sending once I get a chance to print it out. My concern is that they will come back saying it must have been a cat who damaged the door or something crazy.

I've also sent a request for consultation to a lawyer who's helped me out previously to see what his thoughts are on the matter. If I take this to Small Claims Court do I have a chance? They will have no photos of such "kitten" as there never was one and if their claim is that It's because of the scratches on the door It's because I had a dog which I paid a deposit for.
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Old 06-30-2012, 03:05 PM
 
Location: NY
206 posts, read 568,500 times
Reputation: 320
Here we have yet another "perfect" tenant. Just ask them! You broke the rules, you damaged the apt. Now quit whining and pay. You asked for trouble, you got it!
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Old 06-30-2012, 03:36 PM
 
2 posts, read 10,805 times
Reputation: 20
Quote:
Originally Posted by gggjfg View Post
Here we have yet another "perfect" tenant. Just ask them! You broke the rules, you damaged the apt. Now quit whining and pay. You asked for trouble, you got it!
I don't think you read what I said in It's entirety as there were no rules broken. I've taken full responsibility for having them deduct damages from my security deposit for what my dog had done. However, the $500.00 fee for having an unauthorized "kitten" is what's in dispute as there has never been any animals besides my dog on the property.

Please read before posting.
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Old 06-30-2012, 04:15 PM
 
Location: MMU->ABE->ATL->ASH
9,317 posts, read 20,907,123 times
Reputation: 10443
When you added the dog, Did they charge you then? or get there ok to have the dog, without being charged?

Sounds like a bad Letter, where the kitten, should have been dog.
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Old 06-30-2012, 04:48 PM
 
Location: Pleasanton, CA
115 posts, read 362,396 times
Reputation: 169
My management company tried to keep my deposit for leaving the day my lease was up. The lease was for 1 year and it states that ONLY the tenant have the right to extend the lease. I chose not to do so. My lease (which is a legal contract) stated that I will occupy the townhome for 1 yr. The management company told me they were keeping my $1500 deposit because I did not give them a 30day notice saying I did not want to extend my lease,

I pulled up tenant and landlord rights online (the state of CA, I'm sure ID has this too). I printed out where it states I am not required to give them a 30 day notice because I was not obligated to stay pass the 1yr mark. They still refused to give me my deposit. I threatened to take them to small claims court and they had my complete deposit ready the next day.

Look up your tenant rights. If the paper says Kitten then you shouldn't have to pay. Also, if the problem wasn't previously a problem, you shouldn't have to pay.. that's extra money in their pocket.
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Old 06-30-2012, 04:55 PM
 
Location: Pleasanton, CA
115 posts, read 362,396 times
Reputation: 169
Here you Go:

Misrepresenting Necessary Repairs
Idaho’s Consumer Protection Act prohibits landlords from
misrepresenting to a tenant that a repair is necessary when it
is not. If a landlord deducts costs for imaginary repairs or
for repairing items that were damaged before the tenant
moved in, the tenant should send a letter to the landlord
objecting to the landlord’s itemized list of deductions. In the
letter, the tenant should provide a detailed explanation of
why the deductions are excessive or incorrect and demand
that the deposit be returned within three days.
In addition to violating the Consumer Protection Act, a
landlord who withholds a tenant’s security deposit without
lawful justification also may violate the FDCPA because the
landlord is misrepresenting the character, amount or legal
status of the tenant’s debt.

Stats about all US cities - real estate, relocation info, crime, house prices, cost of living, races, home value estimator, recent sales, income, photos, schools, maps, weather, neighborhoods, and more.idaho.gov/publications/consumer/LandlordTenant.pdf
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