Clips on fence: damage?

[xicus]

California: Landlord is threatening to withhold security deposit due to small (~1 x 0.25") clear clips stuck to fence (used to hang decoration). We moved out. Girlfriend (co-renter) is meeting with him tomorrow to return keys and discuss. I'm out of town. Best course of action?

 

[quincy]

California: Landlord is threatening to withhold security deposit due to small (~1 x 0.25") clear clips stuck to fence (used to hang decoration). We moved out. Girlfriend (co-renter) is meeting with him tomorrow to return keys and discuss. I'm out of town. Best course of action?

The best course of action appears to be for your girlfriend to meet with the landlord tomorrow to return keys and discuss the return of the security deposit.

Was the fence damaged by the clips? Can your girlfriend remove them?

 

[xicus]

The clips might be removable (peel-off adhesive style), but we currently have cold rainy weather that will make it more difficult. We are technically moved out, so would probably need his permission and so on. I'd call the clips an improvement--barely visible, and future tenants would appreciate having them--but they weren't there when we moved in.

 

[quincy]

The clips might be removable (peel-off adhesive style), but we currently have cold rainy weather that will make it more difficult. We are technically moved out, so would probably need his permission and so on. I'd call the clips an improvement--barely visible, and future tenants would appreciate having them--but they weren't there when we moved in.

The problem with removing adhesive clips is that they often remove the paint behind them. Most landlords tend to prefer nails to adhesives for that reason.

And, despite how nice a tenant might think their “improvement” to a property is, most landlords do not want their property improved without their express permission.

That said, your girlfriend will have to see how much the landlord wants to withhold of the security deposit. The landlord should be able to provide her with the costs to him of removing the clips and repairing any fence damage. The landlord costs can legitimately include labor costs.

Good luck.

 

[xicus]

Sounds like something he could make expensive, and he's a bit of a jerk. Makes me wish we were jerks about the mold, termite infestation, and so on.
If he withholds, does he have to do the 'repairs'? (or can he just pocket the money?)

 

[quincy]

Sounds like something he could make expensive, and he's a bit of a jerk. Makes me wish we were jerks about the mold, termite infestation, and so on.
If he withholds, does he have to do the 'repairs'? (or can he just pocket the money?)

The landlord can choose to make the repairs or he can choose to pocket the money.

But he must be able to support the charges he is making against the security deposit with a reasonable estimate or receipts. He cannot just make up figures. You can ask for evidence/proof of his expenses.

 

[xicus]

OK. Thank you!

 

[quincy]

You’re welcome, xicus. I appreciate the thanks.

And I wish your girlfriend good luck with the landlord tomorrow. I hope he surprises you both with a full refund of the deposit.

 

[HighwayMan]

I'd call the clips an improvement--barely visible, and future tenants would appreciate having them...

Well, I'd disagree. I wouldn't want plastic clips stuck all over my fence.

 

[adjusterjack]

Read the CA Security Deposit statute and be aware of your rights and the LL's obligations.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1950.5.

I wouldn't want plastic clips stuck all over my fence.

Ditto that.

Makes me wish we were jerks about the mold, termite infestation, and so on.

You had remedies when those things occurred. You didn't take advantage of those remedies then, too late to complain about them now. My pet peeve about my tenants was that they didn't tell me about things that could have been easily fixed contemporaneously and were so much worse when then moved out.

 

[FarmerJ]

xicus you mentioned complaints about mold etc the time to complain to landlord and city building inspectors is when a tenant is still in occupancy and in control of the unit , as to clips to hold things like holiday décor, next time try using xmas light plastic hangers ,I use them every year at several of the group homes I work at and decorate for the holiday and they can be wedged into most crevices /cracks slots with out damage

 

[xicus]

Thanks everyone. (Even the grinches--all opinions appreciated). We were just trying to enjoy living there, and left it better than we found it overall. btw the health departments ignored us.

 

[quincy]

Thanks everyone. (Even the grinches--all opinions appreciated). We were just trying to enjoy living there, and left it better than we found it overall. btw the health departments ignored us.

We all appreciate the thanks, xicus, so thank you.

If you have the chance to post back after your girlfriend meets with the landlord tomorrow, I would be interested in hearing how it goes.

Again, good luck.

 

[FarmerJ]

so when you contacted a supervisor at health dept did they advise you to contact building inspections ?

 

[quincy]

so when you contacted a supervisor at health dept did they advise you to contact building inspections ?

They have already moved out. It is a little late to be worried about mold and termites.