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  1. #1
    Join Date
    Apr 2009
    Posts
    17

    Question Unreasonable Charges and Fees by Roommate-Landlords

    My question involves a security deposit in the State of: California

    Hello, me and my gf have lived in the same house for a little over a eyar now, and our roommates/landlords have given us a 30 day notice, and when it comes to our security deposit all of this was said, word for word from the agreement:


    Terms and Conditions for Deposit Refund: The following temrs and conditions must be complied with fully and to the best of your abilities. Maximum refund is not to exceed ***** dollars. Any refund that is owed will be submitted 14 days after the 30 days. Any deductions from deposit will be submitted in an itemized form.

    1. the property must have not sustained any damage in any way. This includes, but is not limited to, damage done directly by you, your guests, or through your negligence. Any costs to fix damage directly or indirectly by you will be subtracted from the original deposit.

    2. The property must be returned in the condition it was received. This includes, but is not limited to, any and all cleaning, repainting, replacement costs and/or repairs. Any costs to return property to original received condition will be subtracted from original deposit.

    3. The property must be vacated in entirety after 30 days of this notice. Any days after the 30 days will be charged $75 per day. Any days of occupancy after the 30 will be subtracted from the original deposit

    4. All personal effects/iterms must be removed from the property by the end of the 30 days. Any items left behind will be held up to 14 days at a rate of $30 per day. After 14 days, the items becomes sole property of the landlord. Any days of storage for items after the 30 days will be subtracted from the original deposit

    5. All keys must be returned by the end of the 30 days. Any keys not returned will be charged $25 per key as well as the costs to rekey the locks the unreturned keys belong to. Any costs for the unreturned keys and rekeys fees will be subtracted from the original deposit

    6. All large items, including but not limited to, boxes, beds, televeisions etc. must not be removed from the property without at least one of the landlords present. Removing large items from the property without one of the landlords present will negate the deposit in it's entirety

    7. If the deposit in entirety becomes exhausted due to above terms and conditions, you will be held financially responsible for any and all costs above and beyond said deposit.

    Now most of this is standard issue, but can they really charge us the fees outlined in points 3, 4, 5, 6? 3, 4, and 5 are understandable, but 6 is ridiculous. They work during the week and are barely home on the weekends, how are we supposed to move if they are purposefully not there? It is my property, how can they say i can't move it when I please? Me and my gf have already signed this document, but I feel we were forced to do so without having a chance to check the law first. I couldn't find anything about 3, 4, 5, or 6. Is there anything we can do?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Can a Roommate Do This with Our Security Deposit

    You can read California security deposit rules here.

    The law is silent on the topic of landlords overseeing move-outs, but it seems to me that your landlord really can't enforce #6. Security deposits are not meant to ensure that you allow your landlord to oversee your move out. Rather, they are strictly for assurance that any damages or unpaid rent are covered. Your landlord cannot arbitrarily keep your deposit because you had the temerity to move out without him being there.

    It looks like you might have to sue in small claims court for the return of your deposit, your landlord has tried weasel words to part you from it. See to it that you schedule a walk through of the unit before you vacate, to ensure you're not assessed for damages that aren't actually there.

    You might consider contacting Tenants Together to find tenants rights resources in your area, to consult with prior to and during your move out process.

  3. #3
    Join Date
    Apr 2009
    Posts
    17

    Default Re: Can a Roommate Do This with Our Security Deposit

    So even though we already signed the notice, we can still get out of #6?

  4. #4
    Join Date
    Apr 2009
    Posts
    17

    Default Re: Can a Roommate Do This with Our Security Deposit

    Actually, I just looked at the notice, and nowhere on there does it say "the undersigned agrees to the terms and conditions of this notice" or anything like that, so I think we got something here. So i'm assuming we can get out of these fees that aren't stated in the law?

  5. #5
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Can a Roommate Do This with Our Security Deposit

    If you have not moved out already then why risk the chance of not getting your deposit back? Tell the landlord that your moving out on such a date and let him be there. Its really that simple. If he tells you he can't be there on that date then you have a problem. You can then tell him that you have already rented a van that day and got a few of your friends together for that date to help with the move. Then ask him about the clause in number 6.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Can a Roommate Do This with Our Security Deposit

    An unlawful charge is not made lawful merely because your landlord formally presents you with notice of his intent, or even if it's included in the lease.

    Another analysis of security deposits in California can be found here.

  7. #7
    Join Date
    Apr 2009
    Posts
    17

    Default Re: Can a Roommate Do This with Our Security Deposit

    @Who'sThatGuy That is the plan, but they have been increasingly childish since giving us the notice, so we don't know if they are going to pull some crap on us. I know for a fact he is off the 30th, 31st, and the 1st, but still, I wanna know they can't screw us over. If he' snot there on the 1st then we're still moving

  8. #8
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Can a Roommate Do This with Our Security Deposit

    Send him a certified letter stating the time and date that you are moving out. This will help you in court greatly if he fails to show for the move out and doesn't release the deposit.

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