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  #1  
Old 08-10-2007, 01:32 PM
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Join Date: Aug 2007
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Question

Lease ended do I really owe these people??


What is the name of your state? Beth,CA

Last year my lease came to an end, they raised my rent out the roof, I moved at the end of my lease after much deliberation and headache. My apartment complex had ammenites, such as a gym, security gate and so forth. From what I understand in the state of California a renter can not be charged extra for amenities, the struggle was their terminology of an 'amenity' as thus the charged me more for the third floor 'amenity' of the view. We went back and forth and I was forced out and out as in on the street with my two children.

My regular lease had expired and now they want a months rent plus a fee for cleaning the carpet for a total of $1,700. It is also my understanding that a landlord cannot charge to clean normal wear and tear.

The collection agency tells me, which I haven't had a chance to research that, without a formal walk-through at the end of my lease it is as if I had never moved out at all and that is why they seem to think I owe them. DO I? Do to the extreme stress at the time I didn't take that walk through as I was the one and only tenant that had ever lived there and didn't think it was necessary.

Any insight would be helpful.

Thank you.
  #2  
Old 08-10-2007, 01:34 PM
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How did you notify them that you'd be leaving?
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Originally Posted by grndslm View Post
Right. That is a statute... just as I'd presumed.

It is not LAW.

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  #3  
Old 08-10-2007, 01:49 PM
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Verbally and in writing.
  #4  
Old 08-10-2007, 02:00 PM
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Did you notify them within the proper time frame, as specified in the lease?
As for "cleaning" - they can charge if the amount of cleaning is beyond "normal" wear and tear.
__________________
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*
I am not an attorney. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Chuckle of the day:
Quote:
Originally Posted by grndslm View Post
Right. That is a statute... just as I'd presumed.

It is not LAW.

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #5  
Old 08-11-2007, 09:46 AM
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Join Date: Aug 2007
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Quote:
Originally Posted by Zigner View Post
Did you notify them within the proper time frame, as specified in the lease?
As for "cleaning" - they can charge if the amount of cleaning is beyond "normal" wear and tear.

Yes I did as a matter of fact. Cleaning was not beyond normal wear and tear. Just don't think I owe these people.
  #6  
Old 08-11-2007, 11:02 AM
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Well, I have to correct myself a bit. LL is allowed to charge you the costs of cleaning to bring the apartment back to the state it was in when you moved in.

You may want to look at http://www.dca.ca.gov/publications/landlordbook/index.shtml
Particulary, look at http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml and scroll down to the big blue box. It describes walk-throughs. You are not REQUIRED to have one.

It sounds to me like you have a good case. Have you received your security deposit back? Have you been given an itemized list of how the deposit was used?

I hate to advise someone to cross-post, but if this debt is on your credit report, you may want to poke your head in to the debt collection forum on this site http://forum.freeadvice.com/forumdisplay.php?f=84 ) and at least post a link to this thread so you can get advice on how to deal with the collection agency.
__________________
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I am not an attorney. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Chuckle of the day:
Quote:
Originally Posted by grndslm View Post
Right. That is a statute... just as I'd presumed.

It is not LAW.

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)

Last edited by Zigner; 08-11-2007 at 11:05 AM. Reason: Edited to add info about walkthroughs
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