Asbestos stored under the home & other questions

[irishgirl327]

I live in the State of CA.

I was wondering if it is legal for a landlord to store asbestos under the home we were renting?

We lived in the home for 6 years and the ex-landlord just recently sent us a statement in the mail that says they are keeping our $1500 deposit and charging us an additional $1,321. They didn't even prepare the statement until 31 days after we vacated the residence, so I know they exceeded their 21 day allowance.

Also:

1.) They are trying to charge us $105 for raking the yard & compost - when in fact, yard maintenance was included in our monthly rent, clearly stated in our lease agreement. This is easily disputable, yes?

2.) After 6 years, should we be charged to replace all the blinds and window screens throughout the home? Don't they depreciate over time and have a shelf life? Not to mention they were the cheapest material on the market....

3.) Should we be responsible for Carpet cleaning, painting and spackle after that length of time?

4.) They are trying to charge us $180 to "deodorize" the yard (we had cats which they allowed). This should be included in yard maintenance?

5.) They are trying to charge us an "estimated" $900 to refinish the hardwood floors when in fact, the home was being advertised for rent 2 days before they prepared the statement "estimating" the cost (no written receipt included either). On top of that, the hardwood floors are 50+ years old and the only thing they did before we moved in was cover them with boat varnish. Can they charge us for work that was never done?

6.) They are also trying to charge us to replace a window that was damaged prior to us moving in - (we have photos). Can all of these things point to "Bad Faith" on their part?

We cleaned up the home as best we could prior to our moving out. However, the materials used to refurbish the house before we moved in was the absolute cheapest possible materials on the market for everything throughout the house. I don't feel we should have to pay to replace many of these things due to the fact that much of it was not durable enough to last the 6 years that we were there.

I welcome any feedback.What is the name of your state (only U.S. law)?

 

[Gail in Georgia]

Let's keep this short and sweet...

Under California law if a landord does not provide information regarding the status of the security deposit within the 21 day requirement, they lose the ability to keep any of the deposit for damages:

California Tenants - California Department of Consumer Affairs

And thus you don't need to assume you must come up with some other reason why you can get the security deposit back because you lived with asbestos stored under the house for six years.

Focus on getting the security deposit back as outlined in the attached. You may need to consider a lawsuit if the landlord will not cooperate.

Gail

 

[Baranov]

Most of the charges appear to be normal wear and tear. You should start looking for an attorney if you want to recover your security deposit start out with a letter to your landlord demanding your deposit back. You can sent it return receipt requested by whatever method you decide. (priority or certified)
All communication should be in writing so that it can be produced in court if necessary.

The asbestos issue is bogus and you know it. So drop it.

 

[irishgirl327]

That's all I needed to hear.

The asbestos thing, I know, was grasping at straws. Guess I let my anger get the best of me.

Thanks for the input, I appreciate it.

 

[ecmst12]

You don't need a lawyer for small claims court. And CA has a very user-friendly web site with everything you need to know about filing in SCC there. Google "small claims court CA" and I'm sure you'll find it, it's an official state site.

I will say the charge to remove the smell of cat pee from the yard could very well stand up, if they can prove it was done. That's not normal wear and tear.

 

[irishgirl327]

I will say the charge to remove the smell of cat pee from the yard could very well stand up, if they can prove it was done. That's not normal wear and tear.

Understandable. However, there is a feral/stray cat problem througout the entire neighborhood that existed long before we moved in. We only have two cats but most of the strays would wind up on our property to eat the food we had out for our cats. The LL's were well aware of this issue, as is the entire neighborhood. The cats all come up through a ravine we border.

Also, we paid for yard maintenance every month included in our rent and no one ever made mention of this. (Honestly, we were not aware of any odor, perhaps from living there so long). We would have gladly taken care of that before we left but they never did a final walk through with us.....and the list goes on.

Very good point though, I appreciate your bringing that to my attention.

 

[Cvillecpm]

If you sue them, they will counter sue for the remaining funds they say you owe.

Don't be lulled by the 21 day issue, if they counter sue for the additional charges, be prepared to defend against them with photos, etc.

 

[Searchertwin]

The only way that a LL can charge for blinds and window screens is if you broke panels, missing sting, blinds messed up etc; For screens a LL can charge if they are torn, rip, missing, etc...this is damages not wear and tear.

Yes, you are charged for carpet cleaning, and spackle...the LL did not put holes in wall you did so this is damage. Painting is wear and tear.

Deodorizing the yard is different than mowing, raking, picking up sticks, etc.
Having a animal is a luxury and peeing, pooping and smell is a luxury that you have to be accountable for, not the LL

Pictures is like gold. Show pictures and remove the charge.

Being the cheapest material on the market is irrevelant. No where does it state that a LL has to buy the highest quality materials to please a tenant.
Damage can occur to high priced items as well as low price items. All materials that are damage is due to the usage. You lived there, the LL didn't.

 

[ecmst12]

If the holes were there when they moved in, then they should not be charged for the spackle.

After 6 years, cheap quality blinds will get very brittle and will break very easily. I would still call that normal wear and tear since the expected life of the $3 blinds is less then 6 years.

 

[Searchertwin]

Disagree on the blinds...I have blinds from Wally world, they are 10 years old and doing just fine..so if I bent the blinds by peeking outside, that is damages, not wear and tear...