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  1. #1
    Join Date
    Nov 2013
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    128

    Default How to Fight Excessive Move Out Charges

    My question involves landlord-tenant law in the State of: California

    My sister moved out of her apartment last week after a year there (lease expired Feb 25, 2014 and she isn't renewing it). The landlord is a large real estate investment company. When she moved in last year, the landlord's agent told her that at move out, she would be charged for repainting the entire unit and carpet cleaning and replacing any damaged appliances. The unit also has a gas fireplace that she has never used.

    My question now is that these charges seem excessive. They had been running a $99 deposit special. Today, she was fold that she would need to pay $890 to replace the entire carpet and to repaint the apartment. She took videos and pictures of the unit at move out and left it in good condition. How can she fight these charges ?

  2. #2
    Join Date
    Dec 2012
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    1,026

    Default Re: Excessive Move Out Charges. How to Fight

    She waits the required time to get WRITTEN documentation regarding her security deposit information. If she disputes the amount kept, she can write a demand letter demanding what she believes she is fairly owed or she can immediately file against the company for these excessive charges. If she writes a demand letter she needs to indicate that she has taken pictures of the unit at move out as evidence that she left it in good condition.

    Gail

  3. #3
    Join Date
    Nov 2013
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    128

    Default Re: Excessive Move Out Charges. How to Fight

    Quote Quoting gail in georgia
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    She waits the required time to get WRITTEN documentation regarding her security deposit information. If she disputes the amount kept, she can write a demand letter demanding what she believes she is fairly owed or she can immediately file against the company for these excessive charges. If she writes a demand letter she needs to indicate that she has taken pictures of the unit at move out as evidence that she left it in good condition.

    Gail
    Thank you. I was the one who advised her to video tape the unit both at move in and at move out. From what I understand, paint and carpet have "lifetimes" and the costs of replacing them should be amortized over that period. What I found was that paint needs to be "redone" every three years and carpets replaced every five years. Since she lived there a year, I believe that she should only be paying a prorated amount, not the entire amount, for both, if they truly needed to replace everything. She has no pets and no kids, so I don't know where / how they came up with these charges. Am I right ? What is your opinion ?

    When you say file against the company, did you mean to take them to small claims court ? She only paid $99 at move-in and they sent her a letter demand she pay up the remaining amounts in full.

  4. #4
    Join Date
    Sep 2011
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    OH10
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    Default Re: How to Fight Excessive Move Out Charges

    What is the basis they feel the unit needs repainted and the carpet replaced? Did she not do a move out walk through with them?

  5. #5
    Join Date
    Nov 2013
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    128

    Default Re: How to Fight Excessive Move Out Charges

    Quote Quoting Disagreeable
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    What is the basis they feel the unit needs repainted and the carpet replaced? Did she not do a move out walk through with them?
    The only thing they told her when she called them about these charges was that it was "company policy" to replace carpets and paint units whenever a tenant move out, regardless of the term of tenant's residency. She did do a move out with them, and they merely told her that she would hear from them within 21 days.

    Another thing which makes me smell a rat is that they supposedly told her that they needed to clean "behind the fridge" and "under the dishwasher" as "stuff can accumulate" there. I cant understand how "stuff" can get into these normally inaccessible places unless the tenant acts willfully, which I doubt she would. With no pets and no kids to contribute to cause damage / dirty (albeit unwittingly) the unit, I think this is just a tactic to get $$ out of her.

  6. #6
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: How to Fight Excessive Move Out Charges

    I suggest she sue for her $99 and make them explain it to a judge. Bring her evidence.

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