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Mazy_IHB

Mazy_IHB

New member
We are moving to our new home in a few days and I'm so glad we will be done with renting. This last rental has been a royal pain. I can go pages analyzing the personality of the manger, but won't be able to cover everything. I believe we should create a new <a href="http://en.wikipedia.org/wiki/Diagnostic_and_Statistical_Manual_of_Mental_Disorders">DSM</a> entry just to cover this guy - a mixture of borderline, obsessive-compulsive, schizoid, antisocial, narcissistic personality disorders - sure a phenomenon!



To make a long story short, the guy came to do a "Standard Initial Inspection" of our rental unit which was done in 2 minutes, and the next day, they posted a notice on our door, with an "itemized" list of repairs/services to be done on our property:

<strong>"- Patching holes and painting throughout premises (color markers on walls throughout)

- Carpet shampooing (dark stains throughout) Very dirty

- General cleaning of premises (premises is in very dirty and unclean condition" </strong>



Now we have small kids (no pet), and there are some food stains on the carpet, but they are limited in the living/dining area. There is also no color markings on the walls, and just a few nails to hang pictures. The unit is definitely not "very unclean and dirty" as the bastard claimed, as we have young kids playing here and on the contrary, we keep it very clean. It seems he is putting this all out in preparation to forfeit our deposit (1.5 x rent) in the end. Do I have any chances to fight him?



Here is an account of email exchanges with him so far:



- Asked him to give me an estimate of taking care of the items listed. Replied saying they couldn't until the final inspection is done after we moved out, and referred me to the attached notice.



- Ok fair enough! Asked him to just give a non-binding guestimate, based on what he saw on the day of inspection, to get a sense of costs and see if we are talking hundreds or thousands, and if it is somethingf we would want to do ourselves or leave for them to take care. He said he was not obliged to do it, and referred me again to the attached notice.



- Asked him to send me the contact info of the companies they use for these services so that I can ask them to come and give me an estimate, and he said he wouldn't, but referred me again to the attached notice. (The form says that if the renters are to bring their own contractors to fix things, it should be approved in writing by the management first and this guy won't do it, or just delay it until it's too late)



- Emailed him asking to clarify and provide more details on the 3 items above, as they are too general and vague and even inaccurate. Also asked him what the definition of "normal wear and tear" is and who makes the call. To cover all bases, I also added that I had already read the notice 10 times but it didn?t have the info I was looking for. Waiting to hear from him.



Any advice? Should be fight him or consider our deposit gone and move on?



Thanks!



PS: As the bastard kept resending the notice to me (obsessive?), I attached it here for your enjoyment as well!
 
BTW, as we don't have a rental section yet, I wasn't sure if I should post here or in the Off Topic section. Please move if needed.
 
You might find a treasure trove of renter's rights at the California Department of Consumer Affairs. Specifically for your case, I think you may find this useful:



<a href="http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml#depositrefund">Refunds of Security Deposit</a>



It also includes references to the Civil Codes that are applicable to some situations.
 
Yes, we are still there. I can take pisutres and video too. Should I do it? What if they claimed that we made damages after taking pictures but before handing the keys over to them?
 
[quote author="Mazy" date=1250745914]Yes, we are still there. I can take pisutres and video too. Should I do it? What if they claimed that we made damages after taking pictures but before handing the keys over to them?</blockquote>


How long have you been in this unit?
 
Update - Here is his reply:



Dear XXX-



Thanks for your email.



The Standard Initial Inspection Statement is very clear and accurate and speaks for it self. What is perplexing is why you are now questioning these obvious damages. We even discussed these items on August 17, 2009 in your unit and you agreed to the damages that we further documented in writing.

<strong>

(big lie - we just chitchatted on us closing our escrow and how cute our girls were - absolutely no discussion on damages, and our nanny was there and can testify if needed)</strong>



Since were unable to force us to provide you with estimates of your damages, you are now questioning the damages listed in the statement. Rest assured that we have full documentation of the Premises prior to your move-in and current condition.



Perhaps some of the pictures that were taken on August 17, 2009 (during the initial inspection which you attended) will refresh your memory and help answer you own questions. The attached pictures fully demonstrate any and all items listed in the Standard Initial Inspection Statement (such as marks on wall, dark stains on carpets, unclean conditions).



For the record, prior to your occupancy the entire Premises had all new paint, new carpeting and pad, new vertical blinds and new refrigerator. If your kids drew on the walls in the apartment with markers, that is your responsibility. If you stained the carpets, that is your responsibility. If you apartment is dirty (ie: from lack of vacuuming, oil stains on cabinets), that is your responsibility. Please also review your lease documents which will provide you with further clarification.



<strong>(Bastard, same lies)</strong>



At this point we have provided you with complete documentation, facts, and proof of your damages and uncleaniness that currently exists in the Premises. We will not be debating and/or responding to any more of your unnecessary e-mails.



Best regards

$%^%



His pictures are attached.
<fieldset class="gc-fieldset">
<legend> Attached files </legend> <a href="http://www.talkirvine.com/converted_files/images/forum_attachments/405_315blFKsRP2mtTxOX6Ef.jpg"><img src="http://www.talkirvine.com/converted_files/images/forum_attachments/405_315blFKsRP2mtTxOX6Ef.jpg" class="gc-images" title="Picture 001.jpg" style="max-width:300px" /></a> <a href="http://www.talkirvine.com/converted_files/images/forum_attachments/406_ptZqWzQBszH7NdAJgmS8.jpg"><img src="http://www.talkirvine.com/converted_files/images/forum_attachments/406_ptZqWzQBszH7NdAJgmS8.jpg" class="gc-images" title="Picture 002.jpg" style="max-width:300px" /></a> <a href="http://www.talkirvine.com/converted_files/images/forum_attachments/407_FsFYGb4W595NNxz20Q5w.jpg"><img src="http://www.talkirvine.com/converted_files/images/forum_attachments/407_FsFYGb4W595NNxz20Q5w.jpg" class="gc-images" title="Picture 003.jpg" style="max-width:300px" /></a> </fieldset>
 
Rest of his pictures
<fieldset class="gc-fieldset">
<legend> Attached files </legend> <a href="http://www.talkirvine.com/converted_files/images/forum_attachments/408_bQlUlIGBpJOCWpugCfSz.jpg"><img src="http://www.talkirvine.com/converted_files/images/forum_attachments/408_bQlUlIGBpJOCWpugCfSz.jpg" class="gc-images" title="Picture 004.jpg" style="max-width:300px" /></a> <a href="http://www.talkirvine.com/converted_files/images/forum_attachments/409_eo4TsD35NWUpVOHdrath.jpg"><img src="http://www.talkirvine.com/converted_files/images/forum_attachments/409_eo4TsD35NWUpVOHdrath.jpg" class="gc-images" title="Picture 005.jpg" style="max-width:300px" /></a> </fieldset>
 
[quote author="green_cactus" date=1250746198][quote author="Mazy" date=1250745914]Yes, we are still there. I can take pisutres and video too. Should I do it? What if they claimed that we made damages after taking pictures but before handing the keys over to them?</blockquote>


How long have you been in this unit?</blockquote>


Since June 2008. Our lease expired back in June.
 
the judge in the small claims court will believe you, if you have photos/ video and are honest.



The judges all know that most landlords illegally withhold security deposits.
 
[quote author="Mazy" date=1250745914]Yes, we are still there. I can take pisutres and video too. Should I do it? What if they claimed that we made damages after taking pictures but before handing the keys over to them?</blockquote>


Make sure the letter the LL sent you is dated. You need to take pictures, and a video would be even better. Somehow document the date on the video (like showing the date from a newspaper), then document the dated letter from the LL on the video. You have proof that said claims happened on 8/18 per the letter, but proof on video that it was shot on 8/19. If they say you did those things after, you have proof they claimed they happened before.
 
Are you kidding? Those photos look like crap with a side of Mike and Ike's... Clearly a side-effect from kids.



If the carpet and paint was new then, um, yah, I wouldn't argue either... res ipsa loquitur.
 
[quote author="LoudRoar" date=1250747353]Are you kidding? Those photos look like crap with a side of Mike and Ike's... Clearly a side-effect from kids.



If the carpet and paint was new then, um, yah, I wouldn't argue either... res ipsa loquitur.</blockquote>


I have no issue with cleaning/repair. All I asked him was a simple question of a guestimate of costs, to see if we should do it ourselves or leave it to them, and to make sure that he wouldn't add up all expenses to magically end up equal to the amount of our deposit.
 
[quote author="Mazy" date=1250747588][quote author="LoudRoar" date=1250747353]Are you kidding? Those photos look like crap with a side of Mike and Ike's... Clearly a side-effect from kids.



If the carpet and paint was new then, um, yah, I wouldn't argue either... res ipsa loquitur.</blockquote>


I have no issue with cleaning/repair. All I asked him was a simple question of a guestimate of costs, to see if we should do it ourselves or leave it to them, and to make sure that he wouldn't add up all expenses to magically end up equal to the amount of our deposit.</blockquote>


Get a quote on a carpet cleaning service for the square footage of your apt. Should come out to a few hundred bucks - but you may only be responsible for 50% due to wear and tear from your 14 months of living there.



The paint is super shoddy - judging by the peeling on the kitchen drawer. You can try to get an estimate for the cheapest paint job in the area (since that looks like what they use).



Those figures should give you a sense of what to expect in "reasonable costs".
 
Just move everything out and rent a steamer/cleaner and do it yourself. that's the cheapest way probably. Paint is around $10 bucks for a can. Sand Paper, roller, paint brush, easy money.



go online and get as much info as you can about how to clean carpet. check youtube. most these new carpets have a protective coating so with some special machines the stains just lift right off.



If you need someone to help you can usually find plenty of quality help for $10 an hour, make is $12 the quality goes to excellent.
 
Yes, we have been considering taking care of it ourselves, but I'm just afraid that no matter what we do, this guy will come up saying we didn't do it the way they expected us to do it, and would go ahead and keep our deposit. I may consider doing what green_cactus suggested and go by California Dep of Consumer Affairs guidelines and ask them to take care of it temselves, and send us all the itemized invoices with adjustment for normal wear and tear based on our lenght of occupancy. I will be photographing/video taping the apartment from top to buttom anyway just in case. Thanks for all the advice.
 
[quote author="Mazy" date=1250748778]Yes, we have been considering taking care of it ourselves, but I'm just afraid that no matter what we do, this guy will come up saying we didn't do it the way they expected us to do it, and would go ahead and keep our deposit. I may consider doing what green_cactus suggested and go by California Dep of Consumer Affairs guidelines and ask them to take care of it temselves, and send us all the itemized invoices with adjustment for normal wear and tear based on our lenght of occupancy. I will be photographing/video taping the apartment from top to buttom anyway just in case. Thanks for all the advice.</blockquote>
Wow, I can't believe you guys have had to put up with that manager for over a year. Follow green_cactus' advice by going to the DCA website, California is a very tenant friendly state. Also, the landlord only has 21 days after you guys move out to provide you an itemized summary of all deductions along with your remaining security deposit. I have this funny feeling that even if you guys do some of the work/repairs, he'll still try to stick it to you.
 
Thanks again guys for all the helpful advice. IHB rocks! I will be sending out this email to the manager shortly, to dissuade him from further getting on our nerves and just let us go our seprate ways. Could you do me a favor and let me know if I should do it, or just keep quite for now and go after them if they play any games later on?





Dear Mr. Douchebag:



Please be advised that I will be available in the XXX unit at YYY Ave, Los Angeles, CA 90025 on Monday, August 31st at 9 am for the final inspection and giving you or your agent the keys to the property.



I would also like to remind you that for our moving out, inspection procedures and return of security deposit, you are expected to follow the California Department of Consumer Affairs (DCA) Guide to Residential Tenants' and Landlords' Rights and Responsibilities available at: http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml#depositrefund



As a reminder, we expect to receive our security deposit less any deductions to restore the premises within 21 days of our move-out date. To ensure no further issues, we expect each deduction to be accompanied by an accurate, dated and paid invoice of the actual service done in the premises. The amount of all deductions/invoices should be reasonable and adjusted as necessary (e.g. painting costs), for the duration of our occupancy as described in the DCA's guide to reflect normal wear and tear. To ensure accuracy of the restoration services should a dispute arises later on, we will be photographing and videotaping the premises completely from top to bottom with dates documented in presence of witnesses.



We thank you in advance for your cooperation, and we look forward to a smooth and mutually satisfactory moving out procedures.



Yours,

Mazy
 
I don't know if that is the route I would have gone. Not to hurt your feelings, but the kitchen cabinets and carpet were a disaster in those photos, so can only imagine the appearance in person. I would have done the cleaning myself personally. Your landlord probably has relationships with contractors and could likely get them to make receipts for whatever amount he wants. I would have cleaned myself, and then took the video. But hey, that is just me.
 
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