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Can they evict us over $200?

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EmmsCA

Junior Member
What is the name of your state (only U.S. law)? California

We moved-into our rental home on 8/24/11. Our whole experience with the property management/owner has been a nightmare. When we viewed the place, we asked the agent if it would be given a good cleaning before we moved in, and she assured us it would be. Unfortunately due to the landlord not being able to get his act together, our move in was delayed, and we didn't see the house again before move-in day.

When we got here, nothing had been done. I know that when you move in to a place, you always have to do some cleaning. This was different. The carpet was filthy (they swore it had been professionally cleaned and said they had a receipt to prove that, but never produced it), there were cigarette butts all over the front and back yards, dead birds in the backyard, disgusting food in the microwave, food in the carpet, etc. I emailed and called the property management company that same day. They offered us two options: (1) they could send out a cleaning company within a few days; or (2) we could do it ourselves and deduct $200 from the rent. We chose to do it ourselves, we didn't want to wait any longer. We withheld the $200 from the following month's rent, but were called by the management and told that we couldn't do that. They said we had to wait until November to be reimbursed, and that we would have to pay the full rent that month, and then they'd send us a check separately.

We've been here nearly two months now. The owner was supposed to have taken care of several things and still hasn't - broken doorbell, no garage door opener, missing keys, no carbon monoxide detector (even though they wanted us to sign something saying we had one), etc. On top of that, we were told the yard would be maintained by a relative of theirs, and he still hasn't shown up. We don't own a mower so we're going to have to hire someone.

We were so fed up that none of our calls/emails were being answered by them and nothing was getting done that we held back the $200 from this month's rent to cover the cleaning reimbursement. They are so mad that they're threatening to evict us over it. Even though our rent is current. November is less than two weeks away, but they are willing to go to court over this $200, saying we're withholding rent. What's the likelihood they'd win? We are tempted to go out of principal.What is the name of your state (only U.S. law)?
 


Hot Topic

Senior Member
You should always consult with a lawyer experienced in landlord/tenant matters before you decide to withhold rent.

Did you put your complaints in writing and send them via certified mail, return requested?

You should have let them send the cleaning crew and supervised same.
 

justalayman

Senior Member
do you have a written lease? Does it address lawn care?

Do you have anything to support the $200 rent reduction offer from the LL for the cleaning?

Do you want to continue to stay there or would you prefer to leave?

I would suggest paying the $200. If the landlord does not adjust the rent or however he was supposed to pay the $200, you can sue him.
 

Banned_Princess

Senior Member
you absolutely can be evicted over 200.00


don't be surprised, you can get evicted for chronic late payments, even if you are paid to date.


do you have their offer to reduce rent by 200.00 for cleaning in writing???
 
Last edited:

sandyclaus

Senior Member
What is the name of your state (only U.S. law)? California

We moved-into our rental home on 8/24/11. Our whole experience with the property management/owner has been a nightmare. When we viewed the place, we asked the agent if it would be given a good cleaning before we moved in, and she assured us it would be. Unfortunately due to the landlord not being able to get his act together, our move in was delayed, and we didn't see the house again before move-in day.

When we got here, nothing had been done. I know that when you move in to a place, you always have to do some cleaning. This was different. The carpet was filthy (they swore it had been professionally cleaned and said they had a receipt to prove that, but never produced it), there were cigarette butts all over the front and back yards, dead birds in the backyard, disgusting food in the microwave, food in the carpet, etc. I emailed and called the property management company that same day. They offered us two options: (1) they could send out a cleaning company within a few days; or (2) we could do it ourselves and deduct $200 from the rent. We chose to do it ourselves, we didn't want to wait any longer. We withheld the $200 from the following month's rent, but were called by the management and told that we couldn't do that. They said we had to wait until November to be reimbursed, and that we would have to pay the full rent that month, and then they'd send us a check separately.

We've been here nearly two months now. The owner was supposed to have taken care of several things and still hasn't - broken doorbell, no garage door opener, missing keys, no carbon monoxide detector (even though they wanted us to sign something saying we had one), etc. On top of that, we were told the yard would be maintained by a relative of theirs, and he still hasn't shown up. We don't own a mower so we're going to have to hire someone.

We were so fed up that none of our calls/emails were being answered by them and nothing was getting done that we held back the $200 from this month's rent to cover the cleaning reimbursement. They are so mad that they're threatening to evict us over it. Even though our rent is current. November is less than two weeks away, but they are willing to go to court over this $200, saying we're withholding rent. What's the likelihood they'd win? We are tempted to go out of principal.What is the name of your state (only U.S. law)?
As I see it, you have several problems.

Unless the property management company put their promise to give you a $200 credit for doing the cleanup of the apartment on your own, you are in big trouble. "If it ain't in writing, it never happened." The management words are only as good and enforceable as paper they are written on.

At this point, all you can prove is that you have short paid your rent by $200. Without something in writing supporting your position, you will most definitely lose an eviction case based on nonpayment of rent.

Will the management evict you over $200? There's no way to know for sure. But if they do decide to go that route, you will not win. For your principles, you will lose your home, and you will end up with an eviction on your rental records, which will likely affect your ability to find a new place to live. Is it really worth it to you?

You really should have been checking on the rental to make sure that it was in move-in ready condition before you took possession. That way, you wouldn't have found yourself stuck with no other place to go, and having to pay for the cleaning of the apartment that should have been done before you moved in.
 

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