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Unable to get deposit / itemized list from Apt. Manager

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Glowfish

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

My girlfriend and I moved out of an apartment in California on June 1st and moved to Texas. We cleaned the apartment, and our other roommate was suppose to clean some areas. About 2 weeks went by and we got a check for $190, no letter, list or anything else, just a check. We thought it was the referral bonus for someone that we referred to move in there, although it was suppose to be $200. The third week, I started calling. The apartment manager never answers here phone. It took me a week and a half of calling 2 to 3 times everyday, leaving messages before I finally got her to answer. This was around The 24th or 25th.

She said the $190 was the remainder of the deposit, out of a total of $600 deposit. She couldn't tell me where it all went, but just said that there was a $150 cleaning charge, and $65 carpet cleaning charge. Now I'm no mathematician but $600 - $215 does not equal $190.....

We had the carpets professionally cleaned the day before we left, and we have the check to prove it. I told the manager this and she said that she would request an itemized deduction and see what money she could get back from us from the accountant. She said she wouldn't be able to send it until July 1st due to their book keeping or some other crap.

Fine, we wait. It's now July 15th, and we haven't received any additional check or an itemized statement. We've been calling her everyday, left her messages. No answer, and no return calls.

We now live in Texas, I know that California law says that if deductions are over $125 I believe, that they are required to send an itemized statement of deductions, receipts etc.. but what are my options from here. If I lived in California I would just file small claims for the deposit, statutory damages, and interest. Can I still do that while in Texas? Can we have say my girlfriends Dad represent us at a court case?

Any help would be appreciated.
 


acmb05

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

My girlfriend and I moved out of an apartment in California on June 1st and moved to Texas. We cleaned the apartment, and our other roommate was suppose to clean some areas. About 2 weeks went by and we got a check for $190, no letter, list or anything else, just a check. We thought it was the referral bonus for someone that we referred to move in there, although it was suppose to be $200. The third week, I started calling. The apartment manager never answers here phone. It took me a week and a half of calling 2 to 3 times everyday, leaving messages before I finally got her to answer. This was around The 24th or 25th.

She said the $190 was the remainder of the deposit, out of a total of $600 deposit. She couldn't tell me where it all went, but just said that there was a $150 cleaning charge, and $65 carpet cleaning charge. Now I'm no mathematician but $600 - $215 does not equal $190.....

We had the carpets professionally cleaned the day before we left, and we have the check to prove it. I told the manager this and she said that she would request an itemized deduction and see what money she could get back from us from the accountant. She said she wouldn't be able to send it until July 1st due to their book keeping or some other crap.

Fine, we wait. It's now July 15th, and we haven't received any additional check or an itemized statement. We've been calling her everyday, left her messages. No answer, and no return calls.

We now live in Texas, I know that California law says that if deductions are over $125 I believe, that they are required to send an itemized statement of deductions, receipts etc.. but what are my options from here. If I lived in California I would just file small claims for the deposit, statutory damages, and interest. Can I still do that while in Texas? Can we have say my girlfriends Dad represent us at a court case?

Any help would be appreciated.
If you want to pursue it you have to go back to California and file. Your girlfriends dad cannot do it unless he is a lawyer and I am not sure you can have a lawyer in small claims in CALIFORNIA
 

Glowfish

Junior Member
I found the company that owns the building finally. Called, explained the situation, they tried to give me the run around, need to talk to the apartment manager, etc, etc. I threatened to sue and cited California Statutes. They are now happy to give the full deposit back. Should have done this 3 weeks ago. :mad:
 

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