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boggus charges on deposit! PLEASE HELP ME!

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angel_iriss

Guest
What is the name of your state? California
Hi all, the story is that I gave my landlord notice to inspect the apt but on the day of inspection he walked in and said that he was hiring a "professional" to do the inspection because he didn't know what to look for!
I asked him when the professional was going to come by and since he didn't have a set date yet, I asked him to call me so I can be present during the inspection. (I also sent him a letter requesting this). Of course, he never called me! so the following week, I went to see him and asked for a copy of the inspection, he said he didn't have it yet. I mailed him another letter giving him my PO Box address to mail it to me.
I got something in the mail the other day but it was just a standard form Landlords purchase listing all of the charges: $200 paint, $50 patching, $150 carpet shampoo, $50 pest control, $300 for two doors, $50 for trash, $100 for a pipe and $50 for driveway clean up! AND NO RECEIPTS! and so now he sais I owe HIM $200!!!

My question is, what do I do now? do I send him a letter requesting receipts? or do I start court procedings for acting in bad faith?
 


dequeendistress

Senior Member
You owe $200 after the charges were applied to your security deposit?

Do you have your own proof that the property was not left damaged, pictures? A move in inspection stating the condition of the property when you accepted it, your own pictures at move in and the aforementioned move out pictures?

The landlord is not required to provide you with his receipts. You would be accessed a customary charge for damages other than normal wear and tear.

Did you damage the property, because I see nothing in your post stating that you returned the property in good order.

(they really need spell check on here)
 
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angel_iriss

Guest
reply

Hi, Yes, I do have pictures of the property taken the day after I moved all of my stuff out. I had it professionally cleaned and took the pictures before I gave him the keys. I do not however have pics of the whole apt when I moved in, except for the bathroom because there were moldings along the wall in the bathroom that were falling off of the wall so...

I have 2 cats -- one of my cats used to like to stretch and scratch the door moldings so since my cat had damaged those I told him (during the walk thru) that I would pay for the repair of those moldings and that I'd pay for him to steam clean the carpet to get rid of any pet odors.

I left a new mirror and towel fixtures in the bathroom and I repaired some of his fence in the back yard + I fixed the garbage disposal which did not work when I moved in.

If the walls needed paint, it was from normal wear and tear.

There are only 3 doors in the whole apt, 1 of which he replaced when I still lived there because it did not fit correctly in the hinges so it was uneven and bugs would crawl in so the city told him to fix it, and the other 2 I left as they were given to me.

The pipe that he is claiming is a pipe that he installed along the fence in the driveway. When my mover tried to back up into the driveway he broke 2 plastic gutter pipes. I asked the landlord how much they would cost since I did not find them at the local Home Depot (where he had initially bought them), he told me $10 each. Now he's charging me $100!

The driveway cleaning he is claiming is for what he claims a leaky car but as I told him, I am not the only one that parked in that parking spot. he used to park in my parking spot all of the time and tell me to park on the street (which was part of the problem and why I moved out). He drives an old van and I drive a BMW that has NEVER leaked!

What about the fact that he told me he had gotten a professional inspection and now he's not giving me a copy? doesn't he have to prove that he in fact spent my deposit on the things he is claiming? because otherwise they all could say that they spent it on this and that and in fact they took the whole family to dinner or whatever...

Oh! and the unit is an "illegal unit" (per the City officials that are now going after him for renting the place in the first place) and I've been adviced to go after him for all of the money I paid him but I didn't want to go that route because I just want to live in peace!!!
 

dequeendistress

Senior Member
If you wish to dispute the charges you could send the landlord a certfied letter stating which ones you are questioning and allow him the opportunity to prove further along with a request of a copy of the move out inspection. Maybe you can negotiate this without court.

If this is not an option you wish to pursue or if you receive a negative response file in small claims court.


Be prepared to prove you did not damage the unit as the landlord states. If you have a copy of a move in inspection, take it with you to show the condition of the unit as you accepted it. In addition to the proof of the conditon at move out.
Be aware that the cost for replacement is not the only cost to the landlord there is also labor charges you would be liable for in repairs beyond normal wear and tear.


I do not know why anyone told you it is an illegal apt and that you should sue for all you paid the landlord.
 
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angel_iriss

Guest
It certainly appears that way doesn't it?

Although I asked him to inspect the place prior to my move out day, once he arrived to keep the inspection appointment, he decided then to tell me that he didn't know what he was doing because he's not a professional and therefore he was having a professional inspect the property.

That of course shocked me out of my socks because I had hoped that he'd inspect, tell me what he wanted changed, cleaned, repaired, whatever, and I'd have enough time to change, clean, repair, whatever... but with him refusing to inspect I had no choice but to leave it in the best shape possible to the best of my judgement.
 

HomeGuru

Senior Member
angel_iriss said:
It certainly appears that way doesn't it?

Although I asked him to inspect the place prior to my move out day, once he arrived to keep the inspection appointment, he decided then to tell me that he didn't know what he was doing because he's not a professional and therefore he was having a professional inspect the property.

That of course shocked me out of my socks because I had hoped that he'd inspect, tell me what he wanted changed, cleaned, repaired, whatever, and I'd have enough time to change, clean, repair, whatever... but with him refusing to inspect I had no choice but to leave it in the best shape possible to the best of my judgement.
**A: then your best judgment was not the best.
 

dequeendistress

Senior Member
You are admitting that there were repairs and damages due to beyond normal wear and tear. Once you relinquished the apartment back to the landlord you were in fact closing your agreement, therefore you would not be able to go back and do the repairs that you should have already completed.
 

HomeGuru

Senior Member
dequeendistress said:
You are admitting that there were repairs and damages due to beyond normal wear and tear. Once you relinquished the apartment back to the landlord you were in fact closing your agreement, therefore you would not be able to go back and do the repairs that you should have already completed.
**A: and thus allowing and requiring the landlord to do the work or hire someone to do the work needed and charge you accordingly.
 

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