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Hello, I’m new here. I know there may be other post already regarding this, and if there is may someone direct me, however I would like to keep this open so I could also get direct advice or opinion.
On this matter, it involves me possibly pursuing legal actions my landlord(realtor company). Sorry if you must go through these long paragraphs, but I hope anyone who reads this will read thru it and give me some insight and advice. Thank you.
To tell this story, I must do it from the beginning.
I had just started a new job in North Cal, and was reguired to move ASAP. After looking for 2 weeks, I found none but this, look-to-be beautiful home in the outskirts of town, and the tenants were just about to be moving. So I applied for the place and got it. Being told I would move in by the end of month(1 & 1/2 week time), the process prolonged 1month due to tenant new home they just bought was not ready. Eventually the tenant moved out 12th and the finished cleaning the house on the 14th. As excited as I was with the place and especially my new job, I did what everyone did as a rookie mistake and didn’t take tons of picture during move-in( but landlord did). There were multiple issues with drawers/cabinets, tubs/sinks, wall patches and paint(never repainted), bathroom blinds broken(was told it would be fix, and never was), windows seals, severe water leaks in master bedroom for 2 months before addressed, blinds broken and some unfuctional, cracks and dints as well as water swell on wall footer, screen door outside not sliding correctly due to incorrect size. Then I was told “don’t worry, we know the place is old, you won’t be charge for anything.” Well it was only for a temporary home, and I lived there for 7 months before finding a new place.
So I gave my 30 day notices on the 3rd of July, and move out on the 5th of August due to other arrangement with my new place. Anyways, I cleaned the house to the best of my ability (House was never trashed, no pets, no holes in walls, closet doors were adjusted to be able to slide, bathroom cleaned and scrubbed, all floor mopped, stove washed and scrubbed, house vaccuumed, yard mowed a week prior to move out, etc), though I may have forgotten to clean a window or two of dirts, and probably most of the blinds not be dust off, yet none broken except the one mention above in bathroom. During the 30 days notice, I have on two seperate occasion asked for a MOVE OUT WALKTHROUGH INSPECTION, one requested through phone and the other in person, but both time was never in writing because I didn’t think this would come back and bite me. However, when requested, the property manager told me twice, “we don’t do move out walkthrough with tenant.” So my requests were denied, in addition they never gave me in sort of advance notice in any form before officially moving out. Again when moved out I did not took any pictures due to trusting them, the manager every stated “blank took very good care of this place” to prospect tenants while over looking at the home.
21 days pass, I needed the deposit so, I called the request(which I regret I hadn’t, because the property manager would most likely flake if I hadn’t call) on the 18th day after moving out, on Monday, the 21st day after me moving she sent out the deposit with itemized and receipts attached. But after looking at refund, my total deposit was $1875, and I only got back $737. It’s a lot of BS due to cleaning and pressure washing the fence and house, cleaning edge of house(what ever that means), change lights in house that we’re out, $40 of batteries for 4 CO detector, a small window and back porch slide needed to be clean from dirty which cost $266.17...??? When I left the house it’s livable for the next tenant, compared to when I moved in.
With disagreement, I Reached out to property manager and advisor and they won’t help and said they did the right thing and knew I was struggling so they gave me a big cut, total hours for labor alone was 30hrs and they only charged me 10hrs.... really for two windows and some blinds and swapping lights(not my doing) and CO detector(still work perfect) took them 30hrs...So with no solution, I reached out to the big guy, the property owner of the home and the broker of the agency. He also said they did the right thing, and that I was “not be reasonable.” I so hated this agency after this very conversation, but like they said, a picture is worth a thousand words, and thy do and I don’t.
So now i’am Forced to take legal action but, I have never done it before, so I like to get some advice on if I don’t have pictures but due to the no informing and denied my request for move-out inspection according the CA civil code 1950.5(f)1()-(3), will that along be good against them. This stresses me out and makes me sick that these people would just steal from me and lied in from of me and their boss that I didn’t asked this or say this or that.... The only part I worry is that the may counter sue that they have pictures(yea two window with dirts, but everyone else who saw it overlooked the fact that I clean the entire house beside that, otherwise they would have more pictures than just those two), and ask the judge for me to pay the 30hrs and whatever they’re claiming.
Any information/ experiences will help, thank you very much, I appreciate your time and knowledge.
Considering that you don't have move in or move out photos to prove your claims you have to decide if you want to take the chance with the judge or not. Are you "right fighting" or do you really really have a defensible case for getting more of that deposit back?
So much for that seemingly "beautiful house". Seemed to need an awful lot of repairs.
When I left the house it’s livable for the next tenant, compared to when I moved in.
It has been many years since I was a renter; however, the acceptable standard of cleanliness, from what I remember, and what I would expect (of myself and others), is greater than what you seem to think it is.
All windows should be sparkling clean, inside and out, for example. Ovens and ranges should be thoroughly scoured.
If you cannot prove to a judge's satisfaction that the windows were as dirty when you moved in as when you moved out, you may have to forfeit that part of the deposit that the landlord withheld.
In CA, the landlord MUST give you an initial inspection if you want one. If they don't, then you will win in court.
All you have to show is that they didn't offer you an initial inspection in writing, which also must include your rights. And they have to give you the option for this inspection no sooner than 2 weeks before your move-out date.
So, you don't have to prove anything regarding asking for anything in writing. All you have to do, is argue that they didn't follow the law regarding giving you notice in writing of your right to an initial (pre-move-out inspection).
I helped someone get their full deposit back, who had moved out and her boyfriend was still in the apartment. She let management know she had moved out and her address. They never notified her or the boyfriend of their rights to an initial inspection. The boyfriend left the place trashed, including melted candles on the carpets, etc. He definitely left the unit very damaged.
But, I helped her fight them in court over the charges to her security deposit (she had paid the deposit) because they hadn't given either of them written notice regarding their right to an initial inspection. CA law says they must give you this option, and give you the choice to have an inspection, and during that inspection they have to give you a list of everything that must be fixed, so you can get your FULL deposit back.
They did not do this, so she sued in small claims court to get her full deposit back, plus her court costs. Even though the landlord had photos of the damage done by the boyfriend, they lost in court - ONLY because they didn't follow the law. They then appealed this decision and brought a lawyer to the appeals court (which is allowed in CA for the person who was sued - they can appeal and bring a lawyer to the appeals hearing). The person I helped just represented herself and simply presented the same case - the landlord didn't follow the law regarding notifying in writing their right to have an initial inspection. And she won. The landlord had to give her her full deposit back plus her court costs, which he did.
It's also easy to collect from landlords, because if necessary, the sheriff will simply collect their rental income.
I didn't read your entire post. I just read enough to see that they didn't allow you to have an inspection. That's all I needed to know.
If you want to sue them in small claims court, just tell the judge they didn't follow the law regarding the laws for an initial inspection under the security deposit laws in CA, which are under CA Civil Code 1950.5:
In CA, the landlord MUST give you an initial inspection if you want one. If they don't, then you will win in court.
All you have to show is that they didn't offer you an initial inspection in writing, which also must include your rights. And they have to give you the option for this inspection no sooner than 2 weeks before your move-out date.
So, you don't have to prove anything regarding asking for anything in writing. All you have to do, is argue that they didn't follow the law regarding giving you notice in writing of your right to an initial (pre-move-out inspection).
I helped someone get their full deposit back, who had moved out and her boyfriend was still in the apartment. She let management know she had moved out and her address. They never notified her or the boyfriend of their rights to an initial inspection. The boyfriend left the place trashed, including melted candles on the carpets, etc. He definitely left the unit very damaged.
But, I helped her fight them in court over the charges to her security deposit (she had paid the deposit) because they hadn't given either of them written notice regarding their right to an initial inspection. CA law says they must give you this option, and give you the choice to have an inspection, and during that inspection they have to give you a list of everything that must be fixed, so you can get your FULL deposit back.
They did not do this, so she sued in small claims court to get her full deposit back, plus her court costs. Even though the landlord had photos of the damage done by the boyfriend, they lost in court - ONLY because they didn't follow the law. They then appealed this decision and brought a lawyer to the appeals court (which is allowed in CA for the person who was sued - they can appeal and bring a lawyer to the appeals hearing). The person I helped just represented herself and simply presented the same case - the landlord didn't follow the law regarding notifying in writing their right to have an initial inspection. And she won. The landlord had to give her her full deposit back plus her court costs, which he did.
It's also easy to collect from landlords, because if necessary, the sheriff will simply collect their rental income.
I didn't read your entire post. I just read enough to see that they didn't allow you to have an inspection. That's all I needed to know.
If you want to sue them in small claims court, just tell the judge they didn't follow the law regarding the laws for an initial inspection under the security deposit laws in CA, which are under CA Civil Code 1950.5:
Thank you very much, the first few comments sort of discourage me toward forgetting it. But your response here hit me. Not just that I like my deposit back since I didn't left the place dirty(Though) I have no pictures, but to cheat me, I really want justice itself for it. My question was to see if that alone will justify my argument and you answered it, thanks again. Will update when the case is over.
But until then I would appreciate every advice or info. too.
It has been many years since I was a renter; however, the acceptable standard of cleanliness, from what I remember, and what I would expect (of myself and others), is greater than what you seem to think it is.
All windows should be sparkling clean, inside and out, for example. Ovens and ranges should be thoroughly scoured.
If you cannot prove to a judge's satisfaction that the windows were as dirty when you moved in as when you moved out, you may have to forfeit that part of the deposit that the landlord withheld.
So we have to imply that because of one window and a door slider grime, we must overlook the fact that I clean everything else to better than when I moved in?
If you're afraid to sue because you fear a counter suit, then eat your loss and get on with your life.
I don't know what else to tell you.
I understand that, but as much as I don’t want to deal with counter sue, I really don’t want to get bullied and let them cheat and blame me, when I went to resolve this issue I was only asking for the amount that had no receipt and no reasonable explanation but that it took them 30hrs to clean the window and a slider rail, not to mention again, the property owner literally point his finger at me and said “you’re the one not be reasonable.” I feel if I let this go they will just repeat with another(who knows how many they already had), and laugh about it behind my back, “see we know he just bluffing.”
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