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  1. #1
    Join Date
    Nov 2015
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    6

    Default Landlord is Making Excessive Cleaning and Repair Charges

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

    I was a resident in an apartment for over 4 years. After the first 1.5 years the owner switched management companies. The new company never did a walkthrough checklist with me and at this point it seems they do not have the original walkthrough paperwork from the first company either. Because most of my money was from tipped service I was required to pay $1950 (1.5x rent) for deposit.

    I requested a move out walkthrough and that was more or less ignored. Trying to play nice with the management I allowed them to show the apartment to a potential tenant a week before we moved out. At this time the management representative surveyed the house and told me I had nothing to worry about as the walls were "in much better shape then most long term tenants". I did all the patch work myself on the walls which consisted of one small indention and maybe 8 nail holes I filled in.

    I moved out on October 17th. The refund of my security deposit was sent out on November 4th. Since they did not have the original contract of my rental they assumed my deposit was equal tothe original rent of $1300. Not only did they short me the additional $650 but they charged me $700 for Interior Cleaning/Patch and Paint/Replace Blinds (the blinds were working just fine when I left (other then some rust on a few slats from the rusty old hardware stained the blinds). They also charged me $95 to clean the stove burners.

    I have called the landlord several times and no one picks up. I emailed the only contact I have at the management office 6 days ago and no response. I have called the repair company and asked for a more specific itemized list of deductions and they just brush me off with a we will call you back. I do not know what else to do at this point. I was under the impression that the blinds and paint were not my problem as they fall under "wear and tear".

    Since I have not been able to contact the Landlord to discuss this matter I am left with no other choice but small claims court?! Should I be seeking legal council in this matter?


    Your advice is appreciated!!

  2. #2
    Join Date
    Nov 2013
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    672

    Default Re: Landlord is Making Excessive Cleaning and Repair Charges

    Do you have move in/move out pictures?

  3. #3
    Join Date
    Oct 2006
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    16,474

    Default Re: Landlord is Making Excessive Cleaning and Repair Charges

    Quote Quoting Catmad
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    Do you have move in/move out pictures?
    I don't think it matters in this instance. After 4 years painting and blinds would be wear and tear by anyone's definition, and they shorted the deposit amount by 650.00.

    Alan, stop calling them and send a certified letter disputing the charges and hopefully providing them with a copy of your lease that shows you paid 1950.00 for a deposit. If that doesn't produce results, then sue them in small claims court.

  4. #4
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    Mar 2013
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    Default Re: Landlord is Making Excessive Cleaning and Repair Charges

    Just as a reminder, Section 1950.5(g)(1) of the Civil Code requires a landlord to provide an accurate accounting and refund of a tenant's security deposit within 21 days of their moving. Based on what you've posted, they have failed to comply with the 21 day rule, particularly with respect to the extra security deposit money you paid.

    If a landlord fails to comply, Section 1950.5(l) of the Civil Code allows the Small Claims Court to compel a landlord to pay the tenant twice the amount of their security deposit in addition to any monies they improperly refused to refund.

    In order to go to small claims court in California you must first ask the other party for you money. If you have already done so, I would head straight to court give your potential windfall. Just make sure you have all your ducks in a row as far as supporting paperwork, dates and times of your phone calls, who you spoke to, etc.

  5. #5
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    Nov 2015
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    6

    Default Re: Landlord is Making Excessive Cleaning and Repair Charges

    Wow thank you for your efforts in responding!!

    UPDATE: The landlord responded to my email 7 days later claiming they have no responsibility for painting or repairs. Fortunately, here in Santa Barbara we have a Tenant/Landlord mediation office run by the city. They were kind enough to push me in the right direction in regard to asking for the amount of refund I feel is fair. So the next step is sending a certified letter to the Landlord. The gentleman in the mediation office even told me to reference Section 1950.5 . In that letter I was advised to inform them there will be a 10 day window of response before I seek reimbursement from the court. Most of the correspondences were through emails so I have a record of everything. I even requested a move-out inspection which she never responded to.

    I really do wish I would have taken move out pictures of the place but after nearly 19hr of moving I was in no condition to do more than sweep and fill in nail holes lol.

    Cheers!

  6. #6
    Join Date
    Mar 2013
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    Default Re: Landlord is Making Excessive Cleaning and Repair Charges

    Here are two webpages that may help you.

    The first is from the California Department of Consumer Affairs. It discusses security deposit issues, useful life and normal wear and tear, etc.

    http://www.dca.ca.gov/publications/l...-deposit.shtml

    The second is from the California Courts and discuses what it looks for in small claims cases regarding security deposits.

    http://www.courts.ca.gov/1049.htm

    As a side note regarding painting (and I say this as a landlord), sometimes patching and painting due to nail and other holes can be problematic. Depending on the size, number of holes and amount of work to be done, you can't always patch, sand, touch up, have colors match and make things look acceptable. When this happens you wind up painting the entire room which can be costly. The paint in that room may have had some useful life left, so it is not unreasonable to see a prorated charge.

    Where my properties are, the cheapest I can get a handyman out to change a light bulb or hang a sign is $85. Painting an entire 3 bedroom apartment costs me around $1,300 if I am having the flooring replaced. (This allows them to spray with abandon and ruin the old carpet.) If they have to paint by hand and drape everything, it costs both arms and both legs. Depending on what they claim as damage and how much was painted, your landlord might have a viable paint claim.

  7. #7
    Join Date
    Nov 2015
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    6

    Default Re: Landlord is Making Excessive Cleaning and Repair Charges

    Given the longevity of the occupancy (4+ years) and the guidelines followed by courts here in California as stated on the CDCA website, paint typically has a life span of 2 years. Would it not be safe to say after 4 years I would be out of the range for repainting? On top of that the walls were fully patched and ready to paint. The nail holes were 8 small holes that I filled. If the white walls can't be color matched then the walls are off color and already in need of fresh paint. I even asked for a move out inspection and was ignored. If these issues were brought to my attention before final inspection I would have painted the areas that needed painting myself.

  8. #8
    Join Date
    Oct 2006
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    16,474

    Default Re: Landlord is Making Excessive Cleaning and Repair Charges

    Quote Quoting Alan Russen
    View Post
    Wow thank you for your efforts in responding!!

    UPDATE: The landlord responded to my email 7 days later claiming they have no responsibility for painting or repairs. Fortunately, here in Santa Barbara we have a Tenant/Landlord mediation office run by the city. They were kind enough to push me in the right direction in regard to asking for the amount of refund I feel is fair. So the next step is sending a certified letter to the Landlord. The gentleman in the mediation office even told me to reference Section 1950.5 . In that letter I was advised to inform them there will be a 10 day window of response before I seek reimbursement from the court. Most of the correspondences were through emails so I have a record of everything. I even requested a move-out inspection which she never responded to.

    I really do wish I would have taken move out pictures of the place but after nearly 19hr of moving I was in no condition to do more than sweep and fill in nail holes lol.

    Cheers!
    Just an FYI. Emails are not necessarily useful. No email, no phone calls, no texts from this point on. IN WRITING/certified only.

  9. #9
    Join Date
    Mar 2013
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    Default Re: Landlord is Making Excessive Cleaning and Repair Charges

    Quote Quoting Alan Russen
    View Post
    Given the longevity of the occupancy (4+ years) and the guidelines followed by courts here in California as stated on the CDCA website, paint typically has a life span of 2 years. Would it not be safe to say after 4 years I would be out of the range for repainting? On top of that the walls were fully patched and ready to paint. The nail holes were 8 small holes that I filled. If the white walls can't be color matched then the walls are off color and already in need of fresh paint. I even asked for a move out inspection and was ignored. If these issues were brought to my attention before final inspection I would have painted the areas that needed painting myself.
    Yep. Four years sounds reasonable on paint.

  10. #10
    Join Date
    Nov 2015
    Posts
    6

    Default Re: Landlord is Making Excessive Cleaning and Repair Charges

    Mostly good news! The Landlord gave in after a certified letter. I will be out $175 for cleaning, $95 for cleaning burners on stove, and $134 for blinds (none were broken and they were all in ok working condition). He will be paying me an additional $395 for the painting charge. At this point I am on the fence about fighting for the additional $134 that he charged to fix the blinds. I think it's more out of principle then the willingness to go to court over $134. Thanks for all your advice!!

    Cheers

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