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Deposit Issues

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eebazz

Junior Member
What is the name of your state? California

We moved out of our rental almost three months ago. Our first issue is that we still haven't received $245 we are owed (a non-disputed amount). I called again today, and I'm going to go over to the property management office to try and get it. My main problem is this: One of the things in our lease is that upon moving out, we must have the carpet professionally cleaned. I moved out on April 14th, and went in to the office to ask if the carpet cleaner could come in to pick up the key the following day, and they said that was fine. The next day, I went over to the rental to sign the paperwork and pay the cleaner while he was doing the carpets. I asked him if I turn in the receipt, or if he does. He said "either way". I told him he could do it since he had to go back to return the key anyway. I paid $292.00 for this carpet cleaning.

When I got the list of deductions from the property management company, they paid to have someone go out and clean the carpet, and deducted $250.00 out of my deposit. I called them, and they had no record of the original cleaning. I called the guy that I had clean it, and he said he didn't remember me asking him to give them the receipt.

I went in there and gave them the receipt, and showed them that I did have it done, but they won't refund it.

Is this completely my fault for not bringing in the receipt myself, or can I make a case in small claims based on the fact that 1. I asked them the day before if I could have someone come in to get the key to clean the carpet. 2. The guy came in and got the key and returned it later ( do they just give out keys to anyone without knowing why?). And 3. The carpet was professionally cleaned, and must have looked and smelled clean, and I have the receipt to prove it.

I really regret not taking in the receipt myself, but this property management co. has a really bad reputation in my town, and it's about time somebody did something about it.

Does anyone know if I can collect interest on the portion of my deposit that is 3 months late?

Thank you if you made it this far!
Erin
 


eebazz

Junior Member
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eebazz said:
What is the name of your state? California

We moved out of our rental almost three months ago. Our first issue is that we still haven't received $245 we are owed (a non-disputed amount). I called again today, and I'm going to go over to the property management office to try and get it. My main problem is this: One of the things in our lease is that upon moving out, we must have the carpet professionally cleaned. I moved out on April 14th, and went in to the office to ask if the carpet cleaner could come in to pick up the key the following day, and they said that was fine. The next day, I went over to the rental to sign the paperwork and pay the cleaner while he was doing the carpets. I asked him if I turn in the receipt, or if he does. He said "either way". I told him he could do it since he had to go back to return the key anyway. I paid $292.00 for this carpet cleaning.

When I got the list of deductions from the property management company, they paid to have someone go out and clean the carpet, and deducted $250.00 out of my deposit. I called them, and they had no record of the original cleaning. I called the guy that I had clean it, and he said he didn't remember me asking him to give them the receipt.

I went in there and gave them the receipt, and showed them that I did have it done, but they won't refund it.

Is this completely my fault for not bringing in the receipt myself, or can I make a case in small claims based on the fact that 1. I asked them the day before if I could have someone come in to get the key to clean the carpet. 2. The guy came in and got the key and returned it later ( do they just give out keys to anyone without knowing why?). And 3. The carpet was professionally cleaned, and must have looked and smelled clean, and I have the receipt to prove it.

I really regret not taking in the receipt myself, but this property management co. has a really bad reputation in my town, and it's about time somebody did something about it.

Does anyone know if I can collect interest on the portion of my deposit that is 3 months late?

Thank you if you made it this far!
Erin
 

ENASNI

Senior Member
hmm

eebazz said:
What is the name of your state? California

We moved out of our rental almost three months ago. Our first issue is that we still haven't received $245 we are owed (a non-disputed amount). $292.00 for this carpet cleaning.

When I got the list of deductions from the property management company, they paid to have someone go out and clean the carpet, and deducted $250.00 out of my deposit. I called them, and they had no record of the original cleaning. I called the guy that I had clean it, and he said he didn't remember me asking him to give them the receipt.

I went in there and gave them the receipt, and showed them that I did have it done, but they won't refund it.



Does anyone know if I can collect interest on the portion of my deposit that is 3 months late?

Thank you if you made it this far!
Erin
Hi Erin,
I have a couple of questions. You say they sent you a list of the deductions but not your portion of the deposit?

If they paid for the Carpets to be cleaned they are out of money and so are you. I wish this could be mediated out of court. You know somehow split down the middle.

The reciept should be proof, but it is so hard after the fact. When I worked as an agent for a property management company we had to have the receipt because sometimes new renters wanted "Proof" that the carpet was professionally cleaned.

I think you might have a case here if you have not received any monies at this point, they really only have 21 days.

Under California law, within 21 calendar days after you move, your landlord must either:

Send you a full refund of your security deposit, or
Mail or personally deliver to you an itemized statement that lists the amounts of any deductions from your security deposit and the reasons for the deductions, together with a refund of any amounts not deducted.165


http://www.dca.ca.gov/legal/landlordbook/sec-deposit.htm


Small claims court may be an option for you.

Practically speaking, you have two options if the landlord doesn't honor the 21-day rule. The first step for both isto call and write the landlord to request a refund of your entire security deposit. You can also suggest that the dispute be mediated. If the landlord presents good reasons for keeping some or all of your deposit for a purpose listed above, it's probably wise to enter into a reasonable compromise with the landlord. This is because the other option is difficult and the outcome may be uncertain.

The other option is to sue the landlord in small claims court for return of your security deposit. However, the landlord then can file a counterclaim against you. In the counterclaim, the landlord can assert a right to make deductions from the deposit, for example, for unpaid rent or for damage to the rental that the landlord alleges that you caused. Both parties then will have to argue to the judge why he or she is entitled to the deposit.174



On a side note this sounds like the Company that I worked for, I really disliked them, they were not very nice. It was hard working for them but they did everything under the law. This is not San Diego County is it?. :p


good luck ( and delete your second post, okay?)
 

south

Senior Member
Take them to court, you paid the carpet cleaner so you are entitled to keep the receipt, you would have to be the village idiot to not see or smell that carpets have just been cleaned.

Take the receipt to court with you for the carpet cleaning along with their letter deducting for cleaning the carpets, then sit back and see them get out of that one.



eebazz said:
What is the name of your state? California

We moved out of our rental almost three months ago. Our first issue is that we still haven't received $245 we are owed (a non-disputed amount). I called again today, and I'm going to go over to the property management office to try and get it. My main problem is this: One of the things in our lease is that upon moving out, we must have the carpet professionally cleaned. I moved out on April 14th, and went in to the office to ask if the carpet cleaner could come in to pick up the key the following day, and they said that was fine. The next day, I went over to the rental to sign the paperwork and pay the cleaner while he was doing the carpets. I asked him if I turn in the receipt, or if he does. He said "either way". I told him he could do it since he had to go back to return the key anyway. I paid $292.00 for this carpet cleaning.

When I got the list of deductions from the property management company, they paid to have someone go out and clean the carpet, and deducted $250.00 out of my deposit. I called them, and they had no record of the original cleaning. I called the guy that I had clean it, and he said he didn't remember me asking him to give them the receipt.

I went in there and gave them the receipt, and showed them that I did have it done, but they won't refund it.

Is this completely my fault for not bringing in the receipt myself, or can I make a case in small claims based on the fact that 1. I asked them the day before if I could have someone come in to get the key to clean the carpet. 2. The guy came in and got the key and returned it later ( do they just give out keys to anyone without knowing why?). And 3. The carpet was professionally cleaned, and must have looked and smelled clean, and I have the receipt to prove it.

I really regret not taking in the receipt myself, but this property management co. has a really bad reputation in my town, and it's about time somebody did something about it.

Does anyone know if I can collect interest on the portion of my deposit that is 3 months late?

Thank you if you made it this far!
Erin
 

eebazz

Junior Member
thank you

undefined
Thank you both for replying. I went in to the office yesterday and sat there in their office until they came out with what's left of my deposit. It was $210. I still want the $250 they took out of my deposit money to have the carpet cleaned again.

They claim that the guy they used to clean the carpet said there was "dog hair all over" and that was why he had to clean the carpet. That's impossible because we had a dog when we moved in, but we found her a new home a year later, and lived there for two more years. The carpet has been professionally cleaned twice since the dog left, anyway. The office didn't know we got rid of the dog, and probably looked in our file to see if we had a pet to use this as an excuse. It's all moot anyway, because the guy I hired to clean the carpet did it the day after we moved out, and I have the receipt to prove it.

I don't live in San Diego County, I live in Kern County, in a small town, and I've never met anyone here who's rented from this company and had a good thing to say about it. I guess I could use statements or letters from them to show "bad faith" on the property manager's part.

Another thing I was considering doing is picketing, or hanging out in front of their office on the sidewalk, and "informing" would-be renters of their ways. I need to check on the legalities of that first, though. Maybe after a couple days of that, they'd be willing to give me the money back. I don't know.

Thank you again!
Erin
 

south

Senior Member
Just file a small claim and add on the cost of filing the claim, they will probably pay up before it gets to court. Its not worth $250 to them to go to court and look bad.



eebazz said:
undefined
Thank you both for replying. I went in to the office yesterday and sat there in their office until they came out with what's left of my deposit. It was $210. I still want the $250 they took out of my deposit money to have the carpet cleaned again.

They claim that the guy they used to clean the carpet said there was "dog hair all over" and that was why he had to clean the carpet. That's impossible because we had a dog when we moved in, but we found her a new home a year later, and lived there for two more years. The carpet has been professionally cleaned twice since the dog left, anyway. The office didn't know we got rid of the dog, and probably looked in our file to see if we had a pet to use this as an excuse. It's all moot anyway, because the guy I hired to clean the carpet did it the day after we moved out, and I have the receipt to prove it.

I don't live in San Diego County, I live in Kern County, in a small town, and I've never met anyone here who's rented from this company and had a good thing to say about it. I guess I could use statements or letters from them to show "bad faith" on the property manager's part.

Another thing I was considering doing is picketing, or hanging out in front of their office on the sidewalk, and "informing" would-be renters of their ways. I need to check on the legalities of that first, though. Maybe after a couple days of that, they'd be willing to give me the money back. I don't know.

Thank you again!
Erin
 

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