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Hi All, I am looking for advice for dealing with a landlord that isn't well informed with CA law and security deposits.
He has already tried getting me to pay for several things that are beyond their lifespan. Fridge, carpets, landscaping, etc. I would greatly appreciate your advice on the below before moving to small claims. The lease is very standard and doesn't mention anything specific about these items.
1. Spa cleaning
Spa cover has degraded from sun and animal damage and no longer covers the water properly allowing debris and animals to enter. I said that and he still demands that I replace the spa cover and professionally clean and treat the spa and new filter. I disagree 100% because broken cover hardware is his responsibility to fix.
2. Carpets matted down after pro extraction and clean.
He claims I need to re-hire a pro extraction because some carpets 5 years old are matted at the heavy foot traffic entry way. (Very easy to run your hand over it and plush them back up..)
3. Storage shed needs to be cleaned because of raccoon nests.
The shed has no floor and is not properly built. Literally no floor, pests can come and go. My belongings were damaged from these pests.
4. Dead landscaping must be replaced
Some ground cover has died from the intense heat and gopher damage ( I have proof of gopher holes everywhere) He expects me to replace this but all our leases says is that both tenant and landlord will water 2x a week (he never watered)
i believe I am dealing with a predatory landlord trying to take advantage. He does not seem to care to follow CA law. One of the structures on the property (detached office) is not even permitted. It also appears the home has A LOT of un permitted work and signs of foundation structure failure. I am afraid for the next renters safety to say the least.
Thank you for any advice in advance.
Edit: We are not comfortable coming back to the property after the landlords aggressive and harassing texts and calls so doing anything myself is off the table at this point.
Last edited by TheSecession; 08-03-2021 at 05:06 PM..
Just send a certified written notice. List your reason like you did here.
And that you disagree with the charges. That it would be considered normal wear and tear. Or caused by landlord failure to maintain property.
And ask that they return the deposit or let a Judge decide.
Hi All, I am looking for advice for dealing with a landlord that isn't well informed with CA law and security deposits.
That might work to your advantage.
Your last paragraph indicates that you have already vacated the rental and returned possession to the landlord.
You don't have to do anything. It's up to the landlord to comply with the statute. I suggest you don't send him anything and just ignore his texts and calls. He has obviously not complied with the specific requirements of the statute and if he goes beyond the 21 days, then send him a demand for the entire amount of the deposit along with a copy of the statute:
2. Carpets matted down after pro extraction and clean.
3. Storage shed needs to be cleaned because of raccoon nests.
4. Dead landscaping must be replaced.........
It depends upon what you did to the fridge, carpets, landscaping. If you broke shelves in the fridge and spilled oil on the carpets, that is going to be at your expense. If the fridge died of old age, that is not your expense. Cleaning the fridge is your responsibility.
1. If you were responsible for maintaining the spa, then the bill for cleaning it is yours. If damage to the cover was from sun, then that is not your bill. If damage to the cover was from your kids jumping on it, then that damage is yours. No matter what, the cleaning is yours.
2. Five year old carpet is not old enough to be worn out. I suspect that you didn't use a qualified carpet cleaner. If the only issue is the nap pressed down, you could have run a carpet rake over it. Your carpet cleaner should have done that but the economy guys don't, nor do they do a good job of cleaning. Three rooms of carpet for $99 isn't going to get you an acceptable job. If you used a high quality reputable carpet cleaner, make them come back and do the job again.
3. If the storage shed was included in your rent and lease, then it was your responsibility to keep the raccoons out. The landlord is not responsible for your goods that were stored in the shed. Your tenant's insurance will cover that damage.
4. I have no idea about the landscaping without seeing it. LL watering or not, you were still obligated to water twice a week. For the most part, dead landscaping is due to lack of water. Although gophers are hard on shrubs.
If you are not happy, you can take your move-in photos, your move-out photos, and a copy of your lease to small claims court and let the judge sort it out.
I've got to say, I've been a landlord for a very long time and I have never had a tenant who managed to damage the fridge, the carpet, the spa, the storage shed, and killed the landscaping on top of everything else.. That's a lot of damage for one family.
It depends upon what you did to the fridge, carpets, landscaping. If you broke shelves in the fridge and spilled oil on the carpets, that is going to be at your expense. If the fridge died of old age, that is not your expense. Cleaning the fridge is your responsibility.
1. If you were responsible for maintaining the spa, then the bill for cleaning it is yours. If damage to the cover was from sun, then that is not your bill. If damage to the cover was from your kids jumping on it, then that damage is yours. No matter what, the cleaning is yours.
2. Five year old carpet is not old enough to be worn out. I suspect that you didn't use a qualified carpet cleaner. If the only issue is the nap pressed down, you could have run a carpet rake over it. Your carpet cleaner should have done that but the economy guys don't, nor do they do a good job of cleaning. Three rooms of carpet for $99 isn't going to get you an acceptable job. If you used a high quality reputable carpet cleaner, make them come back and do the job again.
3. If the storage shed was included in your rent and lease, then it was your responsibility to keep the raccoons out. The landlord is not responsible for your goods that were stored in the shed. Your tenant's insurance will cover that damage.
4. I have no idea about the landscaping without seeing it. LL watering or not, you were still obligated to water twice a week. For the most part, dead landscaping is due to lack of water. Although gophers are hard on shrubs.
If you are not happy, you can take your move-in photos, your move-out photos, and a copy of your lease to small claims court and let the judge sort it out.
I've got to say, I've been a landlord for a very long time and I have never had a tenant who managed to damage the fridge, the carpet, the spa, the storage shed, and killed the landscaping on top of everything else.. That's a lot of damage for one family.
1. How can I possibly keep the water clean with a cover that doesn't work?
2. In what world is carpet that has been walked on not normal wear and tear?
3. How can i possibly keep animals out when the shed has no floor (massive 1 foot gaps in the wall too) and is not properly built? I don't mean a dirt floor but literally no walls going to the floor so its easy for a human even to crawl under
4. Lease says we were both obligated to water and he never did.
Really curious what you think a judge would say with these rebuttals before going to court. Thanks
3. If the storage shed was included in your rent and lease, then it was your responsibility to keep the raccoons out.
What the what?
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