Disposition of Deposit Notice

[CAGuy25]

I live in CA. This is a hairy situation. I lived in an apt at my old apt complex and a larger unit became available. I advised the owner that I was interested. She wrote up the lease and I signed it. The deposit situation is that the deposit is equal to one month's rent. My old rent had been $675 and my new rent was $750. She notified me that the old deposit that I had paid would require an additional $75 to be enough for the new unit. I paid the additional $75 and she wrote it on the lease as a $750 deposit.

I then gave her notice, because I had found a better deal in the same area, that I was leaving the complex altogether, this was 15 days later that I gave her notice, and 45 days later that I moved out. I went on the walkthrough with the new manager she had hired and everything was in good order with the exception of a few minor things. He also mentioned some cleaning that hadn't been done on my old apt and that I might get charged for that as well.

My understanding is that in order to charge me anything on any apt, I am required to be sent a letter advising me of the disposition of my rent within 21 days of my vacating the apt.

Does she have any legal backing to charge me for the old apts cleanup?

I took tons of photos of how clean the new apt was when I left, so no fear of recourse by means of defacing or claiming that anything was damaged when it wasn't.

Secondly, technically do I have recourse against her, in case she intends to pursue this matter and charge me, to actually take her to small claims over the fact that she never sent me a disposition letter on the first apt? (I've had manager friends advise me that if such a letter is not sent to me, that I would be awarded penalties starting at $600, is this the case?)

Lastly, dankk, please do not respond, your insights are neither helpful or remotely intelligent.

 

[FarmerJ]

Wait and see what happens when the magic date for CA deposit returns /notifications comes up . As far as your first deposit goes your old lease and new lease could be brought into a court and there Is chance that a judge will see it as a transfer with same landlord . But why dont you wait till the time frame for the deposit dealt with by management and see what happens .

 

[dankk]

astly, dankk, please do not respond, your insights are neither helpful or remotely intelligent.


Ahem..yes they are......

YOU have the wrong attiutde.....the question you need to answer is:

Did YOU cause the landlord to lose any rent money by you moving so quickly and did you cause the landlord to spend any money out of pocket?

And the security deposit... If you have pictures then you are ok. But hey they will try.

 

[CAGuy25]

OMG...you're so right, I never even thought of the poor landlord. What was I thinking? I should think of the landlord first, they are the ones that need to be looked over after all. I mean come on they own a 1 million dollar piece of property and bring in over $12k a month.... BOO HOO!!

astly, dankk, please do not respond, your insights are neither helpful or remotely intelligent.


Ahem..yes they are......

YOU have the wrong attiutde.....the question you need to answer is:

Did YOU cause the landlord to lose any rent money by you moving so quickly and did you cause the landlord to spend any money out of pocket?

And the security deposit... If you have pictures then you are ok. But hey they will try.

 

[CAGuy25]

Oh, and what we should also ask is not if the woman who was beat is hurt, we should ask if the person who hit her, hurt his hand. Yeah, that's the ticket. Why shouldn't the agressor be consoled, that makes no sense. please note heavy sarcastic influence in tone and overall demeanor

 

[dankk]

HA HA thats funny Ca guy.........

But you do have the wrong attitude.......

Its not about a guy owning a million$ property...

Its about YOUR resoponsibilty to pay what you owe.

It is a simple MATH problem.......you rented the place, you moved out, you signed a lease guarenteing the rent for 12 monhts...

So did the landlord lose any money on you?

Remeber if things were reversed and you fulfilled your 12 months and the landlord kept your depsoit you would be screaming GREDDY BASSSTARD SLUMLORD!!

CA GUY.....a lease works both ways....if you keep the emotional part out of it, you will realize it really is FAIR to the tenants!


Ps....i am a tenant in New York City with a great landlord who after 3 years raised the rent only $50 a month....

 

[CAGuy25]

You have been placed on formal notice dankk, you are and will always be, an idiot. Please note, if you will look at my above posts, I never once mention a 12 month lease. The owner in fact made it clear that she only wanted a month to month, her reasoning was so that she could raise the rent if she felt. My only responsibility was to give her a 30 day notice which I did.

Now, dankk, please in the future go back to 2nd grade and learn reading comprehension, so that way you can realize that these funny situations that you think are reality really aren't...mmkk?

Oh, and as far as keeping emotions out of it, if the owner decides to get greedy or has a personal grudge against me and decides to take it out on me through my deposit, then I will get emotional. People get upset at things like that, at getting treated unfairly. But then I suppose some of us feel people shouldn't get upset at unjustices. Maybe we should've just kept the slaves as slaves and kept women as being nonparticipating members of society. I mean, that only changed cuz they got emotional about it.

P.S. Next time, think before you speak, it keeps your toes from tickling your tonsils.

HA HA thats funny Ca guy.........

But you do have the wrong attitude.......

Its not about a guy owning a million$ property...

Its about YOUR resoponsibilty to pay what you owe.

It is a simple MATH problem.......you rented the place, you moved out, you signed a lease guarenteing the rent for 12 monhts...

So did the landlord lose any money on you?

Remeber if things were reversed and you fulfilled your 12 months and the landlord kept your depsoit you would be screaming GREDDY BASSSTARD SLUMLORD!!

CA GUY.....a lease works both ways....if you keep the emotional part out of it, you will realize it really is FAIR to the tenants!


Ps....i am a tenant in New York City with a great landlord who after 3 years raised the rent only $50 a month....

 

[jlw1000]

CAGuy25:

Your attitude is terrible. You assume all landlords have the means to take financial hits from tenants. If a tenant damages property they must pay for the damage. I have had some really nasty tenants that refuse to pay rent, & then destroy my property because I have the nerve to ask them to pay or move out. There is very little protection for a landlord in this position, the tenant has all the protection via the courts. If a landlord iable to be successful & end up owning a million dollar property etc. etc., they have paid their dues to do so.

You have your pic's & documentation. Once the landlord informs you of the damages & deduction (if there are any), if you disagree you can write a letter to try to work things out. If you are not satisfied with the final outcome, by all means take her to court. The judge can decide.

I have only had the opportunity to return a deposit once, & my ex-tenant was happy with the size of the check. My other tenant's either decided to use the deposit as last month's rent (against my wishes & the law), or owed so much in back rent & caused so many spiteful damages that what they owed far exceeded their deposit. Of course I have never been able to locate these people to get my money!

 

[CAGuy25]

jlw1000:

No, my attitude is fine towards this situation, towards dankk and his inane responses, which basically strip a tenant of all rights and basically intends to give up to the landlord, I do have a bad attitude. His advice is neither helpful, nor insightful, nor legally bound in anyway. Multiple other people have made the same complaints about him, and senior members have commented on his inability to give helpful information.

As far as your situation, I am sorry that you've had such bad experience with tenants. However, in my situation I have been an exceptional tenant and feared that the owner of the property would take personal exception to me because I was friends with her ex manager whom she detested. Because of this I sought information on this site in order to back myself in the case that she tried to do anything to me because of this. That was my only reason for even posting on this website and I got a few helpful insights, but no legal help as far as specific questions. Which is unfortunate because I have posted on here in the past and gotten some very helpful legal insights, maybe this site has gone downhill that much.

Anyways the final story is that I did received my full deposit back and am going to cash it this afternoon. Thanks ALL!! ('cept for dankkk)

 

[jlw1000]

See--you were worried about nothing. The landlord acted in an honorable fashion, as most landlords do. Unfortunately, my experience has been that the same can not be said for the majority of tenants. I am hoping that my future experience will allow me to say differently!