CA Deposit Laws

[BarTopDancer]

Does anyone know rental deposit laws?

I'm trying to find out what a landlord can take out for cleaning when the place is going up for sale.

I cleaned the place before I moved out and my landlord charged me a $145 cleaning fee to clean the carpets, bathroom and kitchen (after I already cleaned it). The place is up for sale so he was going to have to clean it anyways - so it seems very shady that he charged me to clean his place.

I should note that I have photos of the cleaned, undamaged areas as well as a witness who was there when he said everything but the carpet (which I have proof of damage) was fine.

[Alex]

This is more likely to be controlled by municipal laws, not state law (I believe). What municipality is in question?

That said, every time I've ever moved I've been told not to bother cleaning the carpets on my way out since they're just going to be done again anyway. Half the places have taken that out of the deposit, the other half not (but it is spread over Washington, Hawaii, and California so that's no help).

But regardless, if you protest and he doesn't budge, it is worth $145 to take the time and effort to pursue it, even if you're in the right?

[Ghoulish Delight]

It depends on how long you've been there. If you've been there for under something like 3 years, or 5 years (I think it's 3 years for carpet, 5 years for paint), they can charge you. Over those time limits and they are required to replace everything anyway so they can't charge you.

I know for us, even though we weren't going to be charged for paint and carpets, they wanted everything else cleaned. They gave us a checklist of things that needed to be clean (floors, kitchen cabinets, windows sills, outside of windows even though we were on the second floor) and said, "You can either clean it yourself or we'll deduct $95 from your deposit to clean it for you. BUT, if you clean it yourself and it's not 100% clean to our specifications, we'll charge you the full cleaning price to do the rest." Seemed like an easy choice, we just swalled the $95 and let them take care of it. That $95 was well worth not having to spend a full day scrubbing window sills, just to risk having to pay it anyway.

[katiesue]

My last apartment I just hired the cleaning crew the complex uses upon move out - cost me $75 and it was up to their standards. (plus I didn't have to do it)

The place before I did nothing since the move was a complete disaster and I ran out of time. They charged for dusty blinds, top of the shower rail etc etc.

We were also told by former landlords that they have to clean the carpets anyway, even if you already do it, so you get charged no matter what.

[BarTopDancer]

I am just irritated that this guy was such a asshat (thanks Pru) during the entire situation that it kills me to let him get the last word. He is selling the place, why should I have to pay for the cleaning? And I know he's doing it to see if I will take him to court (I actually said if you do not provide the documentation I am entitled to by law I will see you in court).

He hates women and hates that I stood up to him. He would scream at me on the phone. I do not want him to get the last word.

[innerSpaceman]

So take him to court. Find out if you're right, first. If so, file a small claims action and have him SERVED.

[BarTopDancer]

That is what I am trying to do.

Alex, I am in Orange County. I'm pretty sure it will be the Laguna Hills courthouse.

I've looked up laws and all I can see is that he has to provide the documentation (he did). I'm trying to find out if he is legally allowed to charge me for a cleaning fee when he is selling the place and after he said everything but the carpets were fine.

I will have him SERVED by my cousin who will also do some asskicking for how this guy treated me.

[katiesue]

If he's providing documentation I'm not sure you can do anything. It doesn't matter that he's selling or not (I don't think).

A friend was getting hosed on her deposit a few years ago. The owners wanted to charge her to replace carpet that was minimum 10-15 years old when they moved in, and they'd lived there for something like 7 years. It was hard to find information on what exactly could be charged.

[Cadaverous Pallor]

What did the documentation say exactly?

[Alex]

Yeah, if he provides the documentation required proving he actually spend the money he's charging you for, it is just going to be a he said/she said thing about whether it was actually necessary unless there is documentation of the before and after condition of the apartment.

I agree that his intent to sell the house probably doesn't weigh into the issue at all.

I know you didn't depart on the best of terms, but it is always a good idea when you move in to do an inspection and document any issues with the apartment and then do so again (with the manager) when you leave so that they have to inform you of any issues.

[BarTopDancer]

Thanks everyone. I am just going to let it go. Karma will get him.

I know you didn't depart on the best of terms, but it is always a good idea when you move in to do an inspection and document any issues with the apartment and then do so again (with the manager) when you leave so that they have to inform you of any issues.

We did do this. Move-in had a walk through (and was when I took my photos) and when we moved out we did the walk-through and the only thing he noted was the carpet having stains (that I noted upon the move-in walk-throug).

That is why I am/was so aggrivated about it. And had he said "I am going to charge you xyz for a cleaning fee" I wouldn't have wasted my time cleaning. Instead his wife said the place looked fine (when she came over 3 weeks prior) but he said that his wife had no authority in this matter and he would not honor anything she said to me (told ya he hated women). I feel sorry for her.

It's all in karma's hands now.

[Alex]

Nothing in writing though?

[blueerica]

IMO, the whole situation's a little sad. Common sense rarely dictates when "money" is at stake. :( BTD lived there for a total of - what 3 and a half months - at least 8 months short of the 12 month lease she signed, right?


At any rate, I have no idea and am no help in terms of property/landlord/renter laws in Orange County. In my limited experience with it, it always seems like the person trying to use common sense (and IMO, decency) gets screwed - no matter what side they're on - renter or landlord.

[BarTopDancer]

IMO, the whole situation's a little sad. Common sense rarely dictates when "money" is at stake. :( BTD lived there for a total of - what 3 and a half months - at least 8 months short of the 12 month lease she signed, right?

No lease. That would have changed everything. 4 months, after he said he had no intentions of selling and the last person moved because he mentioned he was thinking of selling. He orignaly wanted me to stay while he listed the place and offered to lower my rent for my inconvienance. Then, 2 days after the realitor and his wife came by for their walk-through he called me and told me he wanted me out in 30 days.

[BarTopDancer]

Nothing in writing though?

Only thing in writing is him telling me he had no intention of honoring his wife's word and that "maybe when you [I] grew up I would understand that agreements are between the two people that make them and only children get their parents involved". He also screamed at me on the phone several times when I was trying to find out stuff.

My parents were a huge help in this entire situation and had contacted him on my behalf to let him know I would be out on x date and what he would like me to do so I could get my deposit back. I asked them to call him since I was going crazy with work and school.

The guy is psycho. It is for the best that I no longer live there, and Karma will totally get him in the end. I just hate letting him have the last word.

I guess he's just compensating for being suck a little wannabe man.

[wendybeth]

Tell him to keep the money and apply it to the penis enlarging procedure he is so obviously in need of.

[BarTopDancer]

Tell him to keep the money and apply it to the penis enlarging procedure he is so obviously in need of.

I must spread mojo around.

[Cadaverous Pallor]

You may want to rent from an apartment complex next time, instead of "a guy".