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Vehicle vandalized, 3day notice to perform followed by 3day to quit, bill for $9K

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word820

Junior Member
What is the name of your state (only U.S. law)? California
How should I handle this situation? I live in California, and in April of 2013 I signed a 12 month lease for an apartment. My security deposit was $1520, which included a $500 pet security deposit. Rent was $1020, which included a $25 pet rent. In the middle of May 2013, my boyfriends car was broken into while parked in the parking lot for tenants, there was over $2000 in damage, thankfully we only had to pay our $500 deductible to fix it. We informed the management and filed a police report. Managements response was that we should park in the covered parking spot(we were only assigned 1, though we have 2 cars). In November 2013, while parked in the covered parking, his vehicle was vandalized, half of the rear bumper was taken. Because of the cost of a new bumper would be $350, we chose not to replace it. We again filed a police report and alerted management. But this time, I started asking other residents if they had had any similar experiences. Come to find out, YES they had. So I asked that cameras be installed so that at least when the police came to take the report they might get an idea of what the criminals were driving or looked like or exact time, something. I was told that they couldn't afford it and that cameras wouldn't really help. Then in July 2014, the catalytic converter was stolen off of my car. Again I reported it to the police, who asked me why there were no cameras, and to the management. When my boyfriend found out about what had happened, he angrily confronted the manager and asked her what her plans were to remedy this problem. She had nothing to say but, "oh, I'm sorry that that happened, but there's nothing I can do." So the next day, my boyfriend took his bat and told the manager and assistant manager that he was planning on patrolling the parking area to ensure nothing criminal would happen. The manager then proceeded to call the police and stated that he had threatened her. The police arrived and treated him like a criminal, made to get down on the ground, hands behind his back, and patted down. They then took his bat and told him he was lucky that they didn't arrest him, (because he has no previous record). A few hours later we received a 3 day notice to perform or quit, stating that he no longer brandish a weapon. We were annoyed but didn't think it would go farther then that. But 6 days later, we were served with a 3 day notice to quit, stating that we had broken our lease agreement by being a nuisance. So we talked to their lawyer, who told us that if we got out by the end of the month, they wouldn't file an unlawful detainer on us. So we had 10 days to find a new place and move there. All while only having 1 vehicle to use, because insurance wouldn't cover the catalytic converter because of a betterment clause, meaning we would have to pay the whole $1250 to fix the car. But we managed to get the apartment emptied and detail cleaned by the 31st. But now it's looking like they are going to charge us to replace all of the carpet, paint the entire apartment, and clean it. Mind you, it was left cleaner then when we moved in, as I am a germaphobe with a 1 year old child and a 5lb chihuahua. The carpets were vacuumed every other day, and shampooed every other month - they look brand new. I also patched every little hole and painted. The rest was thoroughly sanitized. Even the assistant manager said she was shocked at how clean it was. And yet, today I received a bill from them for almost $9000, stating that we owe 9 months of rent still including pet rent, attorney fees, re-painting, and replacement of the entire carpet and padding.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? California
So the next day, my boyfriend took his bat and told the manager and assistant manager that he was planning on patrolling the parking area to ensure nothing criminal would happen. The manager then proceeded to call the police and stated that he had threatened her. The police arrived and treated him like a criminal, made to get down on the ground, hands behind his back, and patted down. They then took his bat and told him he was lucky that they didn't arrest him, (because he has no previous record). A few hours later we received a 3 day notice to perform or quit, stating that he no longer brandish a weapon. We were annoyed but didn't think it would go farther then that. But 6 days later, we were served with a 3 day notice to quit, stating that we had broken our lease agreement by being a nuisance. So we talked to their lawyer, who told us that if we got out by the end of the month, they wouldn't file an unlawful detainer on us. So we had 10 days to find a new place and move there. All while only having 1 vehicle to use, because insurance wouldn't cover the catalytic converter because of a betterment clause, meaning we would have to pay the whole $1250 to fix the car. But we managed to get the apartment emptied and detail cleaned by the 31st. But now it's looking like they are going to charge us to replace all of the carpet, paint the entire apartment, and clean it. Mind you, it was left cleaner then when we moved in, as I am a germaphobe with a 1 year old child and a 5lb chihuahua. The carpets were vacuumed every other day, and shampooed every other month - they look brand new. I also patched every little hole and painted. The rest was thoroughly sanitized. Even the assistant manager said she was shocked at how clean it was. And yet, today I received a bill from them for almost $9000, stating that we owe 9 months of rent still including pet rent, attorney fees, re-painting, and replacement of the entire carpet and padding.
Your boyfriend DID WHAT?! He's DAMN lucky he didn't get arrested. That is not how sane, reasonable adults deal with things.

Your landlord isn't playing by the rules either, but you can thank your boyfriend if you and your child end up homeless.

Start reading:

http://www.dca.ca.gov/publications/landlordbook/index.shtml?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+dca_news+(California+Department+of+Consumer+Affairs)
 

FarmerJ

Senior Member
so you got a deposit disposition from them, ???? if you do not agree with it take them to court , first how old was the paint job when you moved in ? was it brand spanking new ? how many months did you live there ? paint has a useful life of about 2 yrs so charging for repainting might be out of line and something to ask the court about especially since your tenancy consumed almost 18 months of the paint job life. carpet has a useful life of 5 to 7 yrs in rental so was it brand new with that new chemical laden stink/ off gassing when you moved in ? if not then ask in court how old the carpet was and what its depreciated value was. Your LL has not proven harm from unpaid rents yet so it would be interesting to hear them explain in court what efforts they have made to re rent the unit and you know former neighbors can tell you when someone moves in. About your BF big mistake even if he didnt threaten them you now know what kind of people this management firm is because of the things they claim as damage so them claiming they were threatened well i guess to bad there wasnt any video of it. as far as crime goes and rental properties landlords are not responsible for things like auto part thefts / car break ins etc unless a city ordinance has mandated they do something like cameras and keep in mind some LLs do actually play ignorant about crimes when a tenant applicant ask since even so called low crime areas can quickly change. so as a tenant in the future you can learn of areas that are a problem so called public statistics / police call records for a address and how many police calls one neighborhood generates or choose a rental with a lockable two car garage.
 

QuarterIrish

Junior Member

Just Blue

Senior Member
No,it's how angry people fed up of being crime victims deal with the source of the problem.
Angry people who deal with things with a baseball bat often end up in prison. ;)

ETA: Unless said angry person is David Ortiz last year.

GO SOX!! ;)
 
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davew128

Senior Member
Whats so confusing? If your car was being constantly vandalized and parts stolen and neither the police nor the landlord can or will do anything about it, wouldn't you maybe take a step to defend your property that would be considered violently wrong in any other context? If it was the apartment being burglarized and not the car would your attitude change?
 

Just Blue

Senior Member
Whats so confusing? If your car was being constantly vandalized and parts stolen and neither the police nor the landlord can or will do anything about it, wouldn't you maybe take a step to defend your property that would be considered violently wrong in any other context? If it was the apartment being burglarized and not the car would your attitude change?
Dave...

If you pulledinto your parking space and some person was walking around with a BBB...How would you feel? Would that not be disconcerting? :rolleyes:
 

davew128

Senior Member
Dave...

If you pulledinto your parking space and some person was walking around with a BBB...How would you feel? Would that not be disconcerting? :rolleyes:
If I knew the person, no not really. Then again, my threat level threshold is a wee bit higher than most peoples, since a BBB doesn't intimidate me. As a weapon, it is clumsy, slow, and easy countered/blocked/avoided.
 

Zigner

Senior Member, Non-Attorney
If I knew the person, no not really. Then again, my threat level threshold is a wee bit higher than most peoples, since a BBB doesn't intimidate me. As a weapon, it is clumsy, slow, and easy countered/blocked/avoided.
...if you see it coming ;)
 

Zigner

Senior Member, Non-Attorney
Well isn't that sort of the point when asked
"If you pulledinto your parking space and some person was walking around with a BBB..." it sort of presumes you saw them. ;)
Yes...you saw them that time. What about the next time when you don't? What about your kid, or wife or friend who is visiting?
 

word820

Junior Member
No,it's how angry people fed up of being crime victims deal with the source of the problem.
Our neighbors didn't have any problem with it, in fact they thought it was a good idea and were appalled to find out that the manager had called the police. Nearly every resident here has had their car either broken into, vandalized or stolen. A statement that most residents have made is that, the manager wont understand what it feels like to have to pay for a crime that could have been prevented by a simple step of installing a couple of cameras, until it happens to her. She would rather spend money on putting up decorative metal pieces.
One of the security guards has already said he is willing to testify to the fact that the manager has been aware of this problem for over a year and doesn't care to do anything about it. That the complex right next to us, since installing cameras on their property has not had another incident.
 

CdwJava

Senior Member
The management is not required to set up cameras. While it might be to the benefit of their tenants, allow them to charge higher rents, and maybe even give them a break on their insurance, no law requires them to do so. Most apartment complexes do not have cameras. And, quite frankly, in an apartment complex unless you have an awesome system with night vision equipment or a well lit area, you really don't get a good shot of the suspect such that you can ID him or her.

I don't understand how you can be tossed out and STILL held accountable for the balance on the lease. I suspect you have some options here and you might want to look into your options with an attorney or renters advocacy organization.

As for the baseball bat, in CA if you wave a bat in a menacing or threatening manner at someone, it can be a crime - brandishing. Unless using it in actual self defense, you can go to jail. Wave it at someone parking in your spot, go to jail ... hold it up and gesture at the bat to a guy looking at you funny, go to jail ... etc. That being said, if the management is aware that some resident is walking around on "patrol" and carrying a baseball bat (aka a "weapon") they might find themselves partially liable for any actions said vigilante might take. I can understand why the management would want to dissuade him from this activity.
 

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