The following was a post that was previously posted and I never got a complete answer to, possibly because I posted it in the wrong area, possibly because I did not give enough information. So here it is again, with as much information as I can think of.
I live in the state of California. I am bringing up this dispute of the disposition of my deposit again because the amount owed has been sent to a collection agency who is bothering me and I have decided to take my dispute to small claims court to resolve it once and for all.
This situation involves a disagreement over the amount the landlord advised me I owed, and the amount I believe I should be held responsible for. This is an apartment situation with an original deposit of $350.
The itemized statement states the following:
Cleaning............$175.00
DAMAGE/REPAIRS
6 hrs labor @ $20...$120.00
5 gals flat @ $15 = 65
2 gals semi @ $21 = 42
Pro-rated @ 45%......$48.15 (paint)
Carpet replace = 882
Pro-rated @ 65%.....$582.12
MISCELLANEOUS
Seal Floor Pet Dmg...$60.00
Deflea...............$45.00
Trash Out............$40.00
Balance of Rent......$42.41
Total Charges......$1090.27
Less Deposit.......-$350.00
Total Due...........$782.68
Needless to say, I responded to this with a letter stating why I did not agree with the charges and the reasons why.
My first comment was on the paint. Why should I be charged a pro-rated amount for the paint, but not for the labor? It doesn't make sense for me to pay for a portion of the paint, but pay for the full labor to apply all of the paint.
Second, I knew of 5 small bleach stains on the carpet...3 spots of wax, and 1 pet stain. I called around to check on the price to get 5 of each cleaned, and the carpet pet protected or whatever they call it. The total price came to $250. I noted how I didn't think I should be held responsible for the manager not being thrifty enough to see the cost advantage to cleaning v. replacing.
Third, it doesn't make sense to deflea and pet protect a carpet if it's brand new. Second, the cleaning option above, takes out the need for these 2, since they are included in the cost.
Fourth, Trash charge. Am I the only one who would be insanely stupid to pay someone the high price of $175 to clean my house, and then agree to pay them another $40 to take out the trash? My feeling is that this cost should be included in the cleaning.
Last, prior to leaving, I called the manager to inquire on my rent due. I was told $650 would be the amount due. I paid this amount. Now, I'm being told there is an additional amount due, I don't think so.
This is what I sent back to show how I felt the itemized list should've looked:
Cleaning............$175.00
DAMAGE/REPAIRS
6 hrs labor @ $20 = 120
5 gals flat @ $15 = 65
2 gals semi @ $21 = 42
Pro-rated @ 45%.....$102.15 (paint & labor)
Carpet clean = 250
Pro-rated @ 65%.....$162.50
MISCELLANEOUS
Seal Floor Pet Dmg....$0.00
Deflea................$0.00
Trash Out.............$0.00
Balance of Rent.......$0.00
Total Charges.......$439.65
Less Deposit.......-$350.00
Total Due............$89.65
Do I have a legal leg to stand on, when fighting these charges? Or am I totally screwed and will be forced to pay these charges?
I have already done some research into the charges and have found out that the landlord sent me the itemization in a timely fashion. I sent a letter stating the disagreement with the charges, she changed one of the paint miscalculation charges, but nothing else, and responded back as such. After that I made the mistake of ignoring the problem and hoping it'd go away. Now due to the fact of a collection person harassing me, I am forced to go to small claims court to resolve the problem.
However, I foresee problems with small claims, I have witnesses (other roommates) who could give me testimonies stating the condition of the carpet. However, I have no photos. I could obtain a quote from a carpet cleaner to clean the carpets and a quote on cleaning the house. And I would have to do some searching, but believe I could find the original letter that was sent disputing the handling of my deposit. I'm not sure if this will be enough.
I would appreciate advice as to whether my claims of their mishandling of my deposit are unfounded or if they seem reasonable. Second, assuming I can get all my backup evidence listed above, would I stand a reasonable chance in small claims court?
I live in the state of California. I am bringing up this dispute of the disposition of my deposit again because the amount owed has been sent to a collection agency who is bothering me and I have decided to take my dispute to small claims court to resolve it once and for all.
This situation involves a disagreement over the amount the landlord advised me I owed, and the amount I believe I should be held responsible for. This is an apartment situation with an original deposit of $350.
The itemized statement states the following:
Cleaning............$175.00
DAMAGE/REPAIRS
6 hrs labor @ $20...$120.00
5 gals flat @ $15 = 65
2 gals semi @ $21 = 42
Pro-rated @ 45%......$48.15 (paint)
Carpet replace = 882
Pro-rated @ 65%.....$582.12
MISCELLANEOUS
Seal Floor Pet Dmg...$60.00
Deflea...............$45.00
Trash Out............$40.00
Balance of Rent......$42.41
Total Charges......$1090.27
Less Deposit.......-$350.00
Total Due...........$782.68
Needless to say, I responded to this with a letter stating why I did not agree with the charges and the reasons why.
My first comment was on the paint. Why should I be charged a pro-rated amount for the paint, but not for the labor? It doesn't make sense for me to pay for a portion of the paint, but pay for the full labor to apply all of the paint.
Second, I knew of 5 small bleach stains on the carpet...3 spots of wax, and 1 pet stain. I called around to check on the price to get 5 of each cleaned, and the carpet pet protected or whatever they call it. The total price came to $250. I noted how I didn't think I should be held responsible for the manager not being thrifty enough to see the cost advantage to cleaning v. replacing.
Third, it doesn't make sense to deflea and pet protect a carpet if it's brand new. Second, the cleaning option above, takes out the need for these 2, since they are included in the cost.
Fourth, Trash charge. Am I the only one who would be insanely stupid to pay someone the high price of $175 to clean my house, and then agree to pay them another $40 to take out the trash? My feeling is that this cost should be included in the cleaning.
Last, prior to leaving, I called the manager to inquire on my rent due. I was told $650 would be the amount due. I paid this amount. Now, I'm being told there is an additional amount due, I don't think so.
This is what I sent back to show how I felt the itemized list should've looked:
Cleaning............$175.00
DAMAGE/REPAIRS
6 hrs labor @ $20 = 120
5 gals flat @ $15 = 65
2 gals semi @ $21 = 42
Pro-rated @ 45%.....$102.15 (paint & labor)
Carpet clean = 250
Pro-rated @ 65%.....$162.50
MISCELLANEOUS
Seal Floor Pet Dmg....$0.00
Deflea................$0.00
Trash Out.............$0.00
Balance of Rent.......$0.00
Total Charges.......$439.65
Less Deposit.......-$350.00
Total Due............$89.65
Do I have a legal leg to stand on, when fighting these charges? Or am I totally screwed and will be forced to pay these charges?
I have already done some research into the charges and have found out that the landlord sent me the itemization in a timely fashion. I sent a letter stating the disagreement with the charges, she changed one of the paint miscalculation charges, but nothing else, and responded back as such. After that I made the mistake of ignoring the problem and hoping it'd go away. Now due to the fact of a collection person harassing me, I am forced to go to small claims court to resolve the problem.
However, I foresee problems with small claims, I have witnesses (other roommates) who could give me testimonies stating the condition of the carpet. However, I have no photos. I could obtain a quote from a carpet cleaner to clean the carpets and a quote on cleaning the house. And I would have to do some searching, but believe I could find the original letter that was sent disputing the handling of my deposit. I'm not sure if this will be enough.
I would appreciate advice as to whether my claims of their mishandling of my deposit are unfounded or if they seem reasonable. Second, assuming I can get all my backup evidence listed above, would I stand a reasonable chance in small claims court?