If landlord did not do a pre-inspection, do I have to show that damage was present before I moved in?

[jamesnobles]

Clean the apartment top to bottom and steam clean the rugs/floors. Take extensive video including the interior of the fridge, oven, cabinets, closets ...etc. Make sure the place is sparkling clean. If the LL withholds a cleaning charge sue him/her in small claims court.

Yes it might come to that. I would like to avoid small claims if possible. I will find the courage to send the message once more and if they insist that they want a professional to clean and spend my security deposit then should I still clean myself first and request a walk through? Then plan for a legal battle but at least I have proof that the unit was clean before their "team" came in. I suspect the landlord cleans themselves as the unit was not very clean when I moved in and I documented that with photos. I should not have saved face when I moved in and noticed that the mattress cover had a large body fluid stain on it but I wanted to be friendly at first.

 

[quincy]

Yes it might come to that. I would like to avoid small claims if possible. I will find the courage to send the message once more and if they insist that they want a professional to clean and spend my security deposit then should I still clean myself first and request a walk through? Then plan for a legal battle but at least I have proof that the unit was clean before their "team" came in. I suspect the landlord cleans themselves as the unit was not very clean when I moved in and I documented that with photos. I should not have saved face when I moved in and noticed that the mattress cover had a large body fluid stain on it but I wanted to be friendly at first.

You moved into a furnished apartment?

 

[jamesnobles]

You moved into a furnished apartment?

Yes. Will not make that mistake again. I hate the motel 6 looking furniture.

 

[quincy]

Yes. Will not make that mistake again. I hate the motel 6 looking furniture.

A larger cleaning charge can be more reasonable when an apartment comes furnished. Properly cleaning upholstered furniture and mattresses can be costly.

 

[jamesnobles]

Update:

So I have been moved out for a couple of weeks now. Just received the partial deposit like I expected I would from the landlord. Since I received a $700 dollar check minus the $200 that I believe is still rightfully owed to me my question is, can I deposit the $700 and seek the $200 or should I just file the check and await a proper $900 check when I attempt to seek it? I am not sure if by depositing a depositing a partial check I am agreeing in a court of law that I only accepted the $700. Correct me if I am wrong.

Thank you

 

[PayrollHRGuy]

Unless there is some wording on the check that states something like, "By cashing this check you agree that this is all that is owed", you should be fine cashing it.

I don't see how cashing it would be any different than a partially paid debt where the debtor paid a few payments then quit.

 

[quincy]

Unless there is some wording on the check that states something like, "By cashing this check you agree that this is all that is owed", you should be fine cashing it.

I don't see how cashing it would be any different than a partially paid debt where the debtor paid a few payments then quit.

Even if something is written on a check, it does not really mean anything legally. You can pay a $100 debt with a $50 check and write “paid in full” on the check and that does not mean the debt is paid in full. You still owe the additional $50.

 

[PayrollHRGuy]

Even if something is written on a check, it does not really mean anything legally. You can pay a $100 debt with a $50 check and write “paid in full” on the check and that does not mean the debt is paid in full. You still owe the additional $50.

"Paid in full" what not what I was talking about. I've seen many a check from places like insurance companies that had wording as I described it is basically the waiver wording printed on the check. I doubt her LL will have such wording but I added that to be safe.

 

[Zigner]

Now you're in a great position to collect $600 from your former landlord. Your landlord knew (or should have known) that a "non-refundable" portion of your deposit is contrary to state law. That makes his withholding of the $200 an act done in "bad faith" and subjects him to the court ordering him to pay you the $200 plus twice that amount in damages for a total of $600.


https://codes.findlaw.com/ca/civil-code/civ-sect-1950-5.html

(l) The bad faith claim or retention by a landlord or the landlord's successors in interest of the security or any portion thereof in violation of this section, or the bad faith demand of replacement security in violation of subdivision (j), may subject the landlord or the landlord's successors in interest to statutory damages of up to twice the amount of the security, in addition to actual damages.  The court may award damages for bad faith whenever the facts warrant that award, regardless of whether the injured party has specifically requested relief.  In an action under this section, the landlord or the landlord's successors in interest shall have the burden of proof as to the reasonableness of the amounts claimed or the authority pursuant to this section to demand additional security deposits.

 

[Zigner]

"Paid in full" what not what I was talking about. I've seen many a check from places like insurance companies that had wording as I described it is basically the waiver wording printed on the check. I doubt her LL will have such wording but I added that to be safe.

It doesn't matter - if the $200 was withheld because of the "non-refundable" clause in the lease, then it was withheld in bad faith, regardless of any wording on the check.

 

[jamesnobles]

Now you're in a great position to collect $600 from your former landlord. Your landlord knew (or should have known) that a "non-refundable" portion of your deposit is contrary to state law. That makes his withholding of the $200 an act done in "bad faith" and subjects him to the court ordering him to pay you the $200 plus twice that amount in damages for a total of $600.


https://codes.findlaw.com/ca/civil-code/civ-sect-1950-5.html

(l) The bad faith claim or retention by a landlord or the landlord's successors in interest of the security or any portion thereof in violation of this section, or the bad faith demand of replacement security in violation of subdivision (j), may subject the landlord or the landlord's successors in interest to statutory damages of up to twice the amount of the security, in addition to actual damages.  The court may award damages for bad faith whenever the facts warrant that award, regardless of whether the injured party has specifically requested relief.  In an action under this section, the landlord or the landlord's successors in interest shall have the burden of proof as to the reasonableness of the amounts claimed or the authority pursuant to this section to demand additional security deposits.

Thanks for your response.

 

[jamesnobles]

Just to provide closure to this matter I wanted to let everyone know that after moving out the landlord sent me a partial deposit refund as they said they were going to despite me having cleaned the apartment and having had a walk through by the landlord. I sent them an email letting them know what they were doing was illegal and gave them an opportunity to resolve the matter or I would seek small claims resolution. They sent me the rest of my deposit.

Thanks for everyone's advice in this matter.

 

[Just Blue]

Just to provide closure to this matter I wanted to let everyone know that after moving out the landlord sent me a partial deposit refund as they said they were going to despite me having cleaned the apartment and having had a walk through by the landlord. I sent them an email letting them know what they were doing was illegal and gave them an opportunity to resolve the matter or I would seek small claims resolution. They sent me the rest of my deposit.

Thanks for everyone's advice in this matter.

That awesome, James!! Thank you so much for letting us know how this played out.