CA Security Deposit Charges

[N_Lathrop]

California - I received the itemized statement from my landlord for their security deposit charges.

Painting - 190.00 for 1st coat, 190.00 for 2nd coat, less wear and tear for 1st coat 190.00.
Light cleaning and blinds, 85.00.
Carpets - Shampoo 50.00, Extra soil 25.00, Deoderize 40.00.
Eviction 553.00

Now, the manager did start evivtions on us, but an agreement was reached in court that we would pay the rent due and move out by 4-1-01, which was done. Their attorney said that there would be no stipulation for court expenses, since the manager was agreeing to MY terms. The judge did not enter any court costs into he agreement either, just what was agreed upon, the rent and moving date. Can they charge us the eviction fees anyways? I spoke to their lawyer who said that they sould not be charging this, but the manager said it was her opinion.

Also, We lived in this apartment for 3 years, 3 months. 2 years ago, when we were planning on moving the manager said that the cost of painting was 350.00. Our portion (wear and tear) was determined by the life of the paint (36 months). 6 months ago, we were told that the painting charge had been increased to 380.00, but was still based on the 36 month determination. How can they now charge us for painting? We were there 39 months, according to my math, we should not owe anything for painting, no matter how dirty the walls are. 2 years ago, the manager wrote down the formula on a moveout inspection paper, but she did not sign it. Can I hold them to this information? And can they charge us for "extra soil" in the carpets? The carpets are about 2 years old, but they were definately not that dirty. I understand I am responsible for carpet cleaning, but how do I know it actually needed this deep cleaning and deoderizeing? PLEASE someone who knows California law, help me. I have had nothing but headaches from this manager over the last 2 years, but I am not going to pay them money that I do not owe just to get them out of my life.

 

[LL]

Light cleaning and blinds $85.00 is allowable in California and seems reasonable. Are you disputing that it was necessary?

Shampoo carpets $50.00 is allowable in California, and very reasonable. Usual charges this year are about $150.00. Include the extra soil treatment and it is still reasonable. Is there some reason that it needed deodorizing? Did you have a pet? How often did you clean the carpet during the 3 years that you lived there? Did you have it cleaned when you left?

Painting may be another story. I don't understand the charges for 2 different coats, then "less wear & tear for 1st coat". If you don't understand it either, then ask for an explanation. $190.00 is very reasonable for a 1-coat paint job these days.

Landlord is not allowed to deduct the cost of eviction from the security deposit. If he filed an eviction and it was settled and dropped, then he should have included the cost of the eviction in the settlement.

 

[N_Lathrop]

{Shampoo carpets $50.00 is allowable in California, and very reasonable. Usual charges this year are about $150.00. Include the extra soil treatment and it is still reasonable. Is there some reason that it needed deodorizing? Did you have a pet? How often did you clean the carpet during the 3 years that you lived there? Did you have it cleaned when you left? }

In response to your question, we did not have any pets, the carpet was 2 years old and had not been professionally cleaned, but had been shampooed less than a year ago. We would have had the carpets professionally cleaned prior to the move, but they said they would have to have it cleaned and would charge us again. We did not want to pay this charge twice. We spoke to the company that cleans the carpets for the complex and were told that it would be $40.00 for the cleaning, and that he saw no need to have it deoderized since we have had no pets in there. The manager claimed that the carpet was really dirty, how can I have them prove it actually needed the "extra cleaning"?

{Painting may be another story. I don't understand the charges for 2 different coats, then "less wear & tear for 1st coat". If you don't understand it either, then ask for an explanation. $190.00 is very reasonable for a 1-coat paint job these days. }

According to the previous manager, the painting crew (which is the same crew that they use now) charged 350.00 for the apartment painting. I agree that $190 is reasonable, but that is not their actual charge in my opinion. Prices have not decreased that much over the last year. Manager claimed that the walls were extremely filthy and after 1 coat, the "smoke damage" still showed through. I personally repainted my childrens room before we moved due to marker and crayon marks. I managed to cover black permanent marker and the same discoloration in their room with 1 coat. For 3 years of living there, the manager gave us a 190.00 discount towards the wear and tear of the paint. She stated that the 2nd coat would not normally be necessary and therefore they can charge us for it. Like I said, I do have a note made by the previous manager (not signed) that stated their painting costs as well as their formula for calculating wear and tear on the paint, and it doesn't match what they have charged us. I can not attempt to get any further information from management because they have refused to discuss this any further and threatened harrassment charges. Should I just take them to court and make them prove it was as filthy as they claim? I did take some pictures of the apartment before the inspection, but I am not sure just how the apartment looked, (am getting the roll developed tomm). Thanks for any more help you can provide.





[Edited by N_Lathrop on 04-07-2001 at 01:43 AM]

 

[LL]

1. Before going to court, you should write a letter just as you wrote in the posting, and see what they answer. Ask for appropriate money back.

2. Please post the name and telephone number of the company that cleans the carpets for the complex and told you that it would be $40.00 for the cleaning, along with their location in California. How many square feet of carpet will they clean for that price? The going price for carpet cleaning is $0.30 / sq ft this year.

3. Painting prices have not decreased at all over the last year, they have Increased and enormously. I had an apartment painted last spring and paid $360.00. I had an identical apartment painted yesterday, and the same company wanted to charge me $560.00. I had to get another contractor who did not do nearly such a good job, and it cost me more than $360.00. I still don't understand about the 2nd coat.

4. Courts in California often depreciate paint on a 5-year schedule. Thus, you would be entitled to discount 3/5 of the cost of re-painting, if the landlord asksd for depreciation based on normal wear and tear. There are other bases that he can ask to use to determine the responsibility for painting cost.

 

[N_Lathrop]

Latest Update

Well, per your request, the carpet company is located in Fresno, California...Their phone number is 559-255-4609.

In today's mail, we received a "revised disposition", with a new total. Now, they say that is only cost $65 to have the carpet cleaned, instead of the original $115.

Regarding the painting done: I have a paper written by the previous manager that states they depreciate wear and teaer on the paint over 3 years. Would that hold up in court, even though the manager did not actually sign the form? The form is the standard they were using at the time for move-outs.

Also, we have noticed several remarks that were added to the move-out checklist after we had signed it. We have been told by the management NOT to contact them again for any reason otherwise they would press charges of harrassment. I did call the on-site manager to attempt to obtain copies of the cleaning bills, which she said when the keys were returned we could have once the apartment was cleaned. Now they are playing games and do not want to provide those copies. Anyone know how I can take this to court and win? If you think you have help I could use, please provide me with some actual California laws or statues I could use, or at least point me in that direction (I know my way around the law library to some degree.)

thanks in advance.

 

[LL]

1. Thanks for the number of the carpet company. I don't suppose that they are willing to come from Fresno to Southern Calif to clean my carpets for that price.

2. $65 is pretty reasonable for cleaning the carpets.

3. "I have a paper written by the previous manager that states they depreciate wear and teaer on the paint over 3 years. Would that hold up in court, even though the manager did not actually sign the form?"

The court would probably use whatever method they usually use to depreciate the paint, regardless of whether your papaer was signed or not. Maybe 3 years, maybe 5. Its all kind of illogical anyway, because paint doesn't wear out.

4. I wouldn't worry about the management company and harassment charges. Just be sure to contact them only in writing and for a good reason, being very professional.

5. The only code section you need says:
The landlord may claim of the security only those amounts as
are reasonably necessary for the purposes specified in subdivision (b). The landlord may not assert a claim against the tenant or the security for damages to the premises or any defective conditions that preexisted the tenancy, for ordinary wear and tear or the effects
thereof, whether the wear and tear preexisted the tenancy or occurred during the tenancy, or for the cumulative effects of ordinary wear and tear occurring during any one or more tenancies.

Subdivision (b) says:
(b) As used in this section, "security" means any payment, fee, deposit or charge, including, but not limited to, an advance payment of rent, used or to be used for any purpose, including, but not limited to, any of the following:
(1) The compensation of a landlord for a tenant's default in the payment of rent.
(2) The repair of damages to the premises, exclusive of ordinary wear and tear, caused by the tenant or by a guest or licensee of the tenant.
(3) The cleaning of the premises upon termination of the tenancy.
(4) To remedy future defaults by the tenant in any obligation under the rental agreement to restore, replace, or return personal property or appurtenances, exclusive of ordinary wear and tear, if the security deposit is authorized to be applied thereto by the rental agreement.

You don't have to even know the section numbers. The judge will know it by heart.

I would write another letter to the landlord, specifying exactly what issues are remaining, and what you are confident that you can prove. Ask for any money back, with a generous time limit, butwith the threat that you will go to court, and then follow through. In your letter, apologize for bothering them, but point out that this discussion is necessary in order not to go to court unnecessarily.