What is the name of your state? California
Hi, I recently moved out of an apartment that I shared with 3 other roommates. The lease was under my friend's name and it was from 7/01/05 - 6/30/06. We're all students so we each moved out at different times after school ended. I ended up being the last person to move out on 6/30/06. I already moved out most of my stuff before returning on the last day to move my desk, TV, cable modem, router, pots and pans, and cooking supplies. There was also a futon, love seat, and dresser that I needed to get rid of.
As I approached the door of the apartment, I noticed that the door was already open and there were some women inside cleaning the apartment. They put all of my cooking supplies in bags and left it in the hallway of my apartment. The women mopped the floor and made the apartment look the same as I moved in. I then proceeded to unscrew my desk to move it out. I also moved the rest of my stuff out besides the furniture. One of the women that were working there asked if she could have the dresser. I happily gave it to her. I still needed to dump the futon and couch so I asked another worker if he could help me move it out. He told me to come back later so he can help me after he's done working his shift.
So I returned later to look for the person to help me move out the coaches. He wasn't there anymore but one of the new tenants came in and started moving some stuff in. Since we're all college students, she took the futon and couch. As I left that late afternoon, everything was in the same condition except for a door that had a hole in it.
Just recently, my roommate that was under the lease received a letter from the landlord requesting a $120 payment. The landlord broke down the charges as followed:
repairs -hole on bedroom door -$100
Painting $220
Cleaning -very dirty-$200
carpet cleaning....nothing
keys....nothing
unpaid rent...june 2006...$1950
miscellaneous Trash Disposal...$200
Total deductions... $2670.00
We initially paid $2550 for the last month's rent and security deposit, so the landlord was requesting $120 for the work done.
So you can now see what my problem is. The $100 charge for the door is acceptable. But the other charges seem ludicrous. To the best of my knowledge, there was never any painting done to the apartment. I moved out on the last day of the least and did not smell any new paint. And the new tenant was already moving in. So I highly doubt anything was ever painted. On top of that, we were only there for one year. We did not paint anything or have any marks on the walls. The walls were still white and everything. I read the nolo website and it appears that the landlord illegally added on the painting charge. If anything, the apartment fell within normal wear and tear. But I did not take any pictures when I left.
Now the main thing that bothers me is the $200 cleaning charge and $200 misc. trash disposal fee. I was prepared to go in and clean the apartment up with my swifter max, windex all purpose cleaner, and such. The apartment has hardwood floors so it gets real dusty. Now the question is, am I still liable for the charge even though the landlord had people come in before the least ended, thus neglecting my ability to clean up the apartment myself?
And the $200 trash disposal fee seems like a fraud to me. All my cooking supplies and pots and pans were bagged up for me when I got there. The women asked me to look at my stuff and take what I wanted. There were like two bags of stuff that consisted of stuff I didn't want. They told me to leave it outside the door and they'll throw it away.
So that about covers everything. What can I do regarding this issue? What are my rights as an ex tenant? I did not take any pictures or anything of that sort. I only read something in the civil code 1950.5 about painting charges are not a legitimate deduction. Furthermore, the landlord had people come in do the cleaning before my lease ended, as well as me moving out. The landlord allowed the new tenant to move in while I was still there. I'm assuming that the landlord rushed the cleaning and everything so that the new tenants can move in ASAP. One of my other roommates that was the 3rd to move out told me that the manager always knocked on the door and asked him to move out before our lease ended. The apartments are right next to a major university so housing is in demand. Did he violate anything doing this? I remember reading something that a landlord must show me receipts or invoices if such charges exceed $126.
An issue regarding this is that the lease is under my friend's name. He received this letter on 7/10/2006. The letter asked him to pay $120 or he will be reported to a collection agency. He is freaking out because he has good credit and doesn't want this to mess up his credit. Evidently, the manager is trying to swindle some college students and I am not about to let that happen. I did a google search on the apartment complex and read a story awfully similar to this. I find it unfair but my friend wants some concrete information before pursuing this matter.
How long does he have to settle this matter before he is reported to some collection agency?
Are any of the charges legitimate? (Paint charge, cleaning fee, disposal fee)
Is there anything that prohibits a landlord from entering the apartment when we are still under lease to pack up my stuff and clean the apartment?
What should we start out doing? Should we call first or send a certified letter….?
In your honest and professional opinions, I would really appreciate any advice on this situation. I'm not afraid to pursue this in small claims or anything like that, but my friend is worried and doesn't seem to be working with me here. I need some facts to make my friend more confident and for use to resolve this issue.
Thank you for your time to read this.
Hi, I recently moved out of an apartment that I shared with 3 other roommates. The lease was under my friend's name and it was from 7/01/05 - 6/30/06. We're all students so we each moved out at different times after school ended. I ended up being the last person to move out on 6/30/06. I already moved out most of my stuff before returning on the last day to move my desk, TV, cable modem, router, pots and pans, and cooking supplies. There was also a futon, love seat, and dresser that I needed to get rid of.
As I approached the door of the apartment, I noticed that the door was already open and there were some women inside cleaning the apartment. They put all of my cooking supplies in bags and left it in the hallway of my apartment. The women mopped the floor and made the apartment look the same as I moved in. I then proceeded to unscrew my desk to move it out. I also moved the rest of my stuff out besides the furniture. One of the women that were working there asked if she could have the dresser. I happily gave it to her. I still needed to dump the futon and couch so I asked another worker if he could help me move it out. He told me to come back later so he can help me after he's done working his shift.
So I returned later to look for the person to help me move out the coaches. He wasn't there anymore but one of the new tenants came in and started moving some stuff in. Since we're all college students, she took the futon and couch. As I left that late afternoon, everything was in the same condition except for a door that had a hole in it.
Just recently, my roommate that was under the lease received a letter from the landlord requesting a $120 payment. The landlord broke down the charges as followed:
repairs -hole on bedroom door -$100
Painting $220
Cleaning -very dirty-$200
carpet cleaning....nothing
keys....nothing
unpaid rent...june 2006...$1950
miscellaneous Trash Disposal...$200
Total deductions... $2670.00
We initially paid $2550 for the last month's rent and security deposit, so the landlord was requesting $120 for the work done.
So you can now see what my problem is. The $100 charge for the door is acceptable. But the other charges seem ludicrous. To the best of my knowledge, there was never any painting done to the apartment. I moved out on the last day of the least and did not smell any new paint. And the new tenant was already moving in. So I highly doubt anything was ever painted. On top of that, we were only there for one year. We did not paint anything or have any marks on the walls. The walls were still white and everything. I read the nolo website and it appears that the landlord illegally added on the painting charge. If anything, the apartment fell within normal wear and tear. But I did not take any pictures when I left.
Now the main thing that bothers me is the $200 cleaning charge and $200 misc. trash disposal fee. I was prepared to go in and clean the apartment up with my swifter max, windex all purpose cleaner, and such. The apartment has hardwood floors so it gets real dusty. Now the question is, am I still liable for the charge even though the landlord had people come in before the least ended, thus neglecting my ability to clean up the apartment myself?
And the $200 trash disposal fee seems like a fraud to me. All my cooking supplies and pots and pans were bagged up for me when I got there. The women asked me to look at my stuff and take what I wanted. There were like two bags of stuff that consisted of stuff I didn't want. They told me to leave it outside the door and they'll throw it away.
So that about covers everything. What can I do regarding this issue? What are my rights as an ex tenant? I did not take any pictures or anything of that sort. I only read something in the civil code 1950.5 about painting charges are not a legitimate deduction. Furthermore, the landlord had people come in do the cleaning before my lease ended, as well as me moving out. The landlord allowed the new tenant to move in while I was still there. I'm assuming that the landlord rushed the cleaning and everything so that the new tenants can move in ASAP. One of my other roommates that was the 3rd to move out told me that the manager always knocked on the door and asked him to move out before our lease ended. The apartments are right next to a major university so housing is in demand. Did he violate anything doing this? I remember reading something that a landlord must show me receipts or invoices if such charges exceed $126.
An issue regarding this is that the lease is under my friend's name. He received this letter on 7/10/2006. The letter asked him to pay $120 or he will be reported to a collection agency. He is freaking out because he has good credit and doesn't want this to mess up his credit. Evidently, the manager is trying to swindle some college students and I am not about to let that happen. I did a google search on the apartment complex and read a story awfully similar to this. I find it unfair but my friend wants some concrete information before pursuing this matter.
How long does he have to settle this matter before he is reported to some collection agency?
Are any of the charges legitimate? (Paint charge, cleaning fee, disposal fee)
Is there anything that prohibits a landlord from entering the apartment when we are still under lease to pack up my stuff and clean the apartment?
What should we start out doing? Should we call first or send a certified letter….?
In your honest and professional opinions, I would really appreciate any advice on this situation. I'm not afraid to pursue this in small claims or anything like that, but my friend is worried and doesn't seem to be working with me here. I need some facts to make my friend more confident and for use to resolve this issue.
Thank you for your time to read this.
