Daveprozac
Junior Member
What is the name of your state (only U.S. law)? California
Ok I have a few issues and let me start by first saying that this whole situation feels very wrong to me at the moment although it may just be me over reacting. Secondly, please only provide information if you know it to be true, either from a legal standpoint or if you have experience in these matters; while I appreciate the passion and fire people display when it comes to these matters, in this situation it could cost me a lot of money, so facts only please.
Background: I moved into an apartment and paid a $855 deposit to the original owner, this included pet deposit and key deposit. There were 2 cats who lived in the apartment. The contract I signed was a month to month rental agreement. The complex that we lived in was sold to another owner about half way through my tenancy. I gave a 30 day notice and cleaned the heck out of the apartment before I vacated the premises on the 20th of June; it was in better condition than when I moved in. Today I received an envelope post marked on the 9th of July containing an invoice and receipts for cleaning but no returned deposit check. The property manager has my deposit listed at $890, this is the first thing that threw me off, and is charging me a total of $182.50 for the following: Apartment Clean $47.50, (receipt)De Flea $35, Deodorize $35, Carpet Clean $65. Now on the receipt for what I am assuming is the carpet clean (it is not made clear) there is a charge for $95 not the $65 clean + $35 deodorize, this is the second thing that threw me off. The third thing that is making me feel uncomfortable is that the Apt Clean item has no hours attributed to it and no hourly cost (this item is not on a separate receipt and is not under the portion of the invoice that states "work performed by owner or agent") .
Problem: I cleaned the heck out of that place and left it in better condition than when I moved in, according to CA Civil Code 1950 the requirement for a manager charging you is to restore the unit to the condition it was in when it was moved into; so I really think all of these charges are unnecessary and to be honest, fraudulent. Unfortunately, and this is 100% my fault, I did not take pictures on either end of the exchange.
Questions:
1. Can the landlord charge for a de flea treatment if there is not a flea infestation? If so, can they charge me considering it was never done before I moved in?
2. Can they Charge me for "cleaning" the apartment if it was left in an equal or greater state of cleanliness than when I moved in? (a dumb question but I want to make sure my bases are covered)
3. Can they charge for the carpet cleaning if the carpet was in equal or or greater state of cleanliness than when I moved in? (if anyone knows for sure what the required replacement interval for carpet is in CA I would appreciate it).
4. Can they charge for the deodorization of the carpet even though it was being cleaned? I assumed that the deodorization occurred from the carpet being cleaned. =P
5. If I do receive the check in the prescribed time but feel that the charges are excessive or fraudulent how should I proceed if the manager refuses to refund any of the charges? (small claims realistic?)
5. If the check arrives post marked after the 21 day window can I request my entire deposit be returned? If so will it really hold up in small claims court? Don't need to throw threats around if I am going to go into court and wind up owing them legal fees.
6. Considering that ownership changed during my tenancy, and I was never informed that my deposit was being taken over by the new owner, do they have the right to withhold the money?
7. Shortly after the change in ownership my rent was raised but I never signed a new lease/rental agreement; is that legal?
Any and all help is much appreciated.
Ok I have a few issues and let me start by first saying that this whole situation feels very wrong to me at the moment although it may just be me over reacting. Secondly, please only provide information if you know it to be true, either from a legal standpoint or if you have experience in these matters; while I appreciate the passion and fire people display when it comes to these matters, in this situation it could cost me a lot of money, so facts only please.
Background: I moved into an apartment and paid a $855 deposit to the original owner, this included pet deposit and key deposit. There were 2 cats who lived in the apartment. The contract I signed was a month to month rental agreement. The complex that we lived in was sold to another owner about half way through my tenancy. I gave a 30 day notice and cleaned the heck out of the apartment before I vacated the premises on the 20th of June; it was in better condition than when I moved in. Today I received an envelope post marked on the 9th of July containing an invoice and receipts for cleaning but no returned deposit check. The property manager has my deposit listed at $890, this is the first thing that threw me off, and is charging me a total of $182.50 for the following: Apartment Clean $47.50, (receipt)De Flea $35, Deodorize $35, Carpet Clean $65. Now on the receipt for what I am assuming is the carpet clean (it is not made clear) there is a charge for $95 not the $65 clean + $35 deodorize, this is the second thing that threw me off. The third thing that is making me feel uncomfortable is that the Apt Clean item has no hours attributed to it and no hourly cost (this item is not on a separate receipt and is not under the portion of the invoice that states "work performed by owner or agent") .
Problem: I cleaned the heck out of that place and left it in better condition than when I moved in, according to CA Civil Code 1950 the requirement for a manager charging you is to restore the unit to the condition it was in when it was moved into; so I really think all of these charges are unnecessary and to be honest, fraudulent. Unfortunately, and this is 100% my fault, I did not take pictures on either end of the exchange.
Questions:
1. Can the landlord charge for a de flea treatment if there is not a flea infestation? If so, can they charge me considering it was never done before I moved in?
2. Can they Charge me for "cleaning" the apartment if it was left in an equal or greater state of cleanliness than when I moved in? (a dumb question but I want to make sure my bases are covered)
3. Can they charge for the carpet cleaning if the carpet was in equal or or greater state of cleanliness than when I moved in? (if anyone knows for sure what the required replacement interval for carpet is in CA I would appreciate it).
4. Can they charge for the deodorization of the carpet even though it was being cleaned? I assumed that the deodorization occurred from the carpet being cleaned. =P
5. If I do receive the check in the prescribed time but feel that the charges are excessive or fraudulent how should I proceed if the manager refuses to refund any of the charges? (small claims realistic?)
5. If the check arrives post marked after the 21 day window can I request my entire deposit be returned? If so will it really hold up in small claims court? Don't need to throw threats around if I am going to go into court and wind up owing them legal fees.
6. Considering that ownership changed during my tenancy, and I was never informed that my deposit was being taken over by the new owner, do they have the right to withhold the money?
7. Shortly after the change in ownership my rent was raised but I never signed a new lease/rental agreement; is that legal?
Any and all help is much appreciated.