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So, I just moved out of a two bedroom condo a few weeks ago because I moved out-of-state, but my brother remained until yesterday. After we gave the landlord the 30 day notice (which was on the lease agreement), he was at the apartment at least once a week doing work to get it ready for move in Dec 1st, or had someone in doing work, or scheduled someone to come see it and asked US to show it. It was goddamn annoying but we did it.
Anyways, we took care of the condo, but we LIVED in it, so we had pictures up and laundry room became dirty from normal wear and tear, etc. We had carpet in a room replaced because a dog damaged it but I had no issues and had that replaced BEFORE i moved out. I even put plaster on the holes so that he could paint. He wanted us to pay for painting on the walls from small marks and the little holes we plastered but I argued that it was normal wear and tear after I read up on the CA laws and he said he would paint it as long as we patched holes which we did. Told him we would clean, etc., well my brother would as I left two weeks into the month. I kept emailing the landlord because I just wanted things in writing as I knew what kind of person he was (always trying to get out of stuff or do it the easy way). I emailed asking to set up a call so that we could talk about any discrepancies as I knew how the place was before considering I was there two years and my broher wasn't. Well, he never replied telling me when to call or that he was open to it or that there were any issues, just asked for us to clean the place, which I agreed to.
My brother moved out yesterday and was not able to have a walk-through with him because he couldn't get off work, but the landlord said it was ok. At this time my brother had been living downstairs because the upstairs had gotten carpet replaced which the landlord saw repeatedly. No issues were ever brought up about the condition. Today is the 1st and I get a forwarded voice message from the landlord's new tenant stating the place is a mess and that we shouldn't get our deposit back. keep in mind the deposit is over $2000. I am not trying to swindle the landlord. Honestly, use $200 to clean the apartment a bit more, I don't mind, I'd expect it, but I feel that the landlord didn't even do a walk through afterwards, BEFORE giving the keys to a new tenant. I know him. he's not going to go show a possible tenant, he's not going to go out of the way to give them the keys and do a walk-through. So this new tenant texts my landlord and of course he forwards it to me. The new tenant says that she can't stay there and it will cost her $600 to be somewhere else and that she's painted a wall and cleaned for hours. There is literally nothing in the lease agreement about anything. Itis like 10 bullet points talking about the keys and giving him a 30 day notice.
We took pictures when we moved out because I was afraid of this, but sadly i didnt take any when I moved in and to be honest, the place was already rundown and old, I just didn't say anything because my boyfriend at the time said he was ok with it. I really think this man is trying to bully us into havng him keep the entire deposit. The place couldve used a cleaning, of course, which i was fine paying for as I didn't think it'd be more than 200, but how is it the tenants responsibility to have this place move in ready. I do not believe he even painted the walls as he said he would or made sure i was move in ready, just gave the new tenant the keys. We're not young or irresponsible, so we understood it had to be cleaned, at least a bit before landlord hired someone or did it himself. My brother said he cleaned it as well as hecould, even got on his knees to scrub the floors because they're old. I'm concerned he wants to keep the deposit for cleaning, and for what this new tenant is saying she spent "hours" cleaning and wherever she has to stay. Please, if someone can give me some advice. I'm sorry for the long post but I am so livid. ps: Was living in San Diego at the time.
You seem to think that dirt in the laundry room and nail holes are wear and rear. They are not. You weren't there. You don't know how your brother left the place. Your brother turned down the walk-through that was offered.
If you feel you should, you can take the landlord to small claims court. The judge will want to see photos and proof of the conditions when you moved in and when you moved out. It doesn't cost much to go to small claims court, but no guarantees about how the judge will rule. It's about who has the best proof, not about what is "fair".
Like I said, it could’ve used a cleaning which most would have cost $200, which the landlord didn’t do. I do not believe it is the tenant’s responsibility to ensure the apartment is move-in ready, it is the landlords. He can’t expect to keep over 2k deposit for cleaning, that’s ridiculous.
I suggest not responding to the LL when he forwards VMs and text messages from the current tenant. Wait until you receive a list of itemized deductions and invoices which he is required to send within 21 days
from moveout via personal delivery or USPS.
Forwarding text messages and VMs are not legal methods of sending the list of deductions as per CA law.
Yes, I did. I emailed him days before the end of the lease trying to set up a time to talk about any issues about the apartment but he never replied to me. Even now I honestly just want to work this out and would be willing to research companies that could go and clean but don’t think I’m responsible for that. I thought a landlord does a walk through after we leave and determines what has to be done. It seems he just handed the keys to new tenant, as is, without doing a list himself.
If the landlord didn't or doesn't comply with it you can sue him in small claims court.
Only needed the title of your post to be able to tell you that.
Quote:
Originally Posted by HokieFan
I suggest not responding to the LL when he forwards VMs and text messages from the current tenant. Wait until you receive a list of itemized deductions and invoices which he is required to send within 21 days from moveout via personal delivery or USPS.
Forwarding text messages and VMs are not legal methods of sending the list of deductions as per CA law.
You did provide a forwarding address, correct?
Mary1088, All of the above is good advice. Follow it.
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