S
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Guest
I had purchased a house recently that was tenant occupied by the previous owner. I continued to rent to the tenants until I moved my family into our house. I did the walk through inspection with the tenant. The house was left a complete mess! Basic cleaning was not even done. The bathrooms consisted of having urine on the toilets, body hair and fingernail clippings in drawers, bugs "stuck" on the floor, spider webs,etc. ( you get my drift ) I've seen WAY TOO MUCH of these people! They also had a dog and left dog poop in the backyard and chewed up dog toy and bone under the oven drawer. They didn't clean the carpets. The list goes on... I told the tenant that they were going to be charged for the carpets to be clean. They agreed. I did't say I would charge for the cleaning of the house. I wrote on the walk-through form that the entire house needs cleaning. We both signed the form. Then the tenant decides to write on the form while on the counter that the house was left in the same condition or better upon move out. Then initials the comment. Continues to write that the deposit will be returned in full minus the carpet cleaning. Initials it also. I did not initial anything the tenant wrote. The form had already been signed. Afterwards upon having to clean the house I grew continuously more frustrated at how much work I was having to do. It was completely ridiculous! If you leave a house filthy you can't expect to get that part of your security deposit back! I spent 3 hours alone on the master bath!
The deposit was in the amount of $600.00. I deducted the carpet cleaning and I charged $15 an hour @ 15 hours of cleaning = $225.00.I returned the remainder of the deposit $150.55 to the ex-tenants within 21 days of the walk-through. (California Law gives the landlord 21 days to return a security deposit) Within that period I had made an itemized list detailing all of the cleaning I had done. I also took pictures of the filth. I went through the walk-through form again and detailed it next to each item listed. I believe that is why the landlord gets 21 days to return a deposit. There's no way you could catch everything wrong in a short walk-through with a tenant.
I recieved a phone call from the tenants complaining about holding the $225 for cleaning. Arguing that they did clean!? I have pictures and eye witnesses to prove otherwise. I then recieve a certified letter from them demanding I have kept the money in bad faith and am to return their money to them or they will be forced to use legal action. Under California Civil Code 1950.5 it states that "EVEN IF YOU RENTED THE PLACE IN UNCLEAN CONDITION, YOU HAVE TO RETURN IT IN CLEAN CONDITION, OR YOUR SECURITY DEPOSIT CAN BE USED TO CLEAN IT UP." I believe I am in my legal right to withhold the remaining amount of the security deposit. Also, on the Check-in/Check-out Form at the top it states "THE CONDITION OF THESE PREMISES IS CLEAN, UNDAMAGED, IN GOOD WORKING ORDER AND ADEQUATE FOR CUSTOMARY USE UNLESS OTHERWISE NOTED HEREON." And at the bottom of the page above where the tenant signed it states "I UNDERSTAND THAT ALL DISCREPANCIES OTHER THAN THOSE NOTED WILL BE THE RESIDENTS RESPONSIBILITY AND WILL BE DEDUCTED FROM THE SECURITY DEPOSIT AT TIME OF MOVE OUT." The only thing the tenant listed as dirty was one door. That was IT!
I added where the tenant had wrote about cleaning deposit to be returned in full minus carpet cleaning - *Upon further review - house left EXTREMELY dirty!!! $15 an hour @ 15 hours =$225.00.
Question - Are verbal agreements binding? Is a landlord allowed to alter the signed check-out form in any way? Is the tenant allowed to alter the form after signatures were already made? By the way, the tenant didn't have a copy of the form until I sent it to them with the detailed itemized list and the remaining deposit. Would they have a case against me in small claims court? I don't think so. What do you think?
One more thing - The previous owner of the house received a pet deposit from the tenants upon move in in the amount of $400.00. Apparently it was "non-refundable". From what I understand you aren't allowed to claim something as non-refundable in a rental agreement in California. Does that include a Pet Deposit?
The deposit was in the amount of $600.00. I deducted the carpet cleaning and I charged $15 an hour @ 15 hours of cleaning = $225.00.I returned the remainder of the deposit $150.55 to the ex-tenants within 21 days of the walk-through. (California Law gives the landlord 21 days to return a security deposit) Within that period I had made an itemized list detailing all of the cleaning I had done. I also took pictures of the filth. I went through the walk-through form again and detailed it next to each item listed. I believe that is why the landlord gets 21 days to return a deposit. There's no way you could catch everything wrong in a short walk-through with a tenant.
I recieved a phone call from the tenants complaining about holding the $225 for cleaning. Arguing that they did clean!? I have pictures and eye witnesses to prove otherwise. I then recieve a certified letter from them demanding I have kept the money in bad faith and am to return their money to them or they will be forced to use legal action. Under California Civil Code 1950.5 it states that "EVEN IF YOU RENTED THE PLACE IN UNCLEAN CONDITION, YOU HAVE TO RETURN IT IN CLEAN CONDITION, OR YOUR SECURITY DEPOSIT CAN BE USED TO CLEAN IT UP." I believe I am in my legal right to withhold the remaining amount of the security deposit. Also, on the Check-in/Check-out Form at the top it states "THE CONDITION OF THESE PREMISES IS CLEAN, UNDAMAGED, IN GOOD WORKING ORDER AND ADEQUATE FOR CUSTOMARY USE UNLESS OTHERWISE NOTED HEREON." And at the bottom of the page above where the tenant signed it states "I UNDERSTAND THAT ALL DISCREPANCIES OTHER THAN THOSE NOTED WILL BE THE RESIDENTS RESPONSIBILITY AND WILL BE DEDUCTED FROM THE SECURITY DEPOSIT AT TIME OF MOVE OUT." The only thing the tenant listed as dirty was one door. That was IT!
I added where the tenant had wrote about cleaning deposit to be returned in full minus carpet cleaning - *Upon further review - house left EXTREMELY dirty!!! $15 an hour @ 15 hours =$225.00.
Question - Are verbal agreements binding? Is a landlord allowed to alter the signed check-out form in any way? Is the tenant allowed to alter the form after signatures were already made? By the way, the tenant didn't have a copy of the form until I sent it to them with the detailed itemized list and the remaining deposit. Would they have a case against me in small claims court? I don't think so. What do you think?
One more thing - The previous owner of the house received a pet deposit from the tenants upon move in in the amount of $400.00. Apparently it was "non-refundable". From what I understand you aren't allowed to claim something as non-refundable in a rental agreement in California. Does that include a Pet Deposit?