CA Deposit Laws

BarTopDancer · 02-22-2007, 01:28 PM

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 · 02-22-2007, 01:37 PM

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 · 02-22-2007, 02:52 PM

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 · 02-22-2007, 03:07 PM

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 · 02-22-2007, 04:04 PM

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 · 02-22-2007, 08:01 PM

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

BarTopDancer · 02-22-2007, 08:22 PM

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 · 02-23-2007, 10:18 AM

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 · 02-23-2007, 11:29 AM

What did the documentation say exactly?

Alex · 02-23-2007, 11:33 AM

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.

02-22-2007, 01:28 PM	#1
BarTopDancer Prepping... Join Date: Jan 2005 Location: Here, there, everywhere Posts: 11,405	CA Deposit Laws 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. __________________ Spork is the new MacGyver Postcards From My Edge
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02-22-2007, 01:37 PM	#2
Alex . Join Date: Feb 2005 Posts: 13,354	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?
	Submit to Quotes

02-22-2007, 02:52 PM	#3
Ghoulish Delight I Floop the Pig Join Date: Jan 2005 Location: Alternative Swankstyle Posts: 19,348	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. __________________ 'He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me.' -TJ
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02-22-2007, 03:07 PM	#4
katiesue Senior Member Join Date: Apr 2005 Location: San Diego Posts: 4,678	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. __________________ My life is so exciting I can hardly stand it.
	Submit to Quotes

02-22-2007, 04:04 PM	#5
BarTopDancer Prepping... Join Date: Jan 2005 Location: Here, there, everywhere Posts: 11,405	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. __________________ Spork is the new MacGyver Postcards From My Edge
	Submit to Quotes

02-22-2007, 08:01 PM	#6
innerSpaceman Kink of Swank Join Date: Jan 2005 Location: Inner Space Posts: 13,075	So take him to court. Find out if you're right, first. If so, file a small claims action and have him SERVED.
	Submit to Quotes

02-22-2007, 08:22 PM	#7
BarTopDancer Prepping... Join Date: Jan 2005 Location: Here, there, everywhere Posts: 11,405	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. __________________ Spork is the new MacGyver Postcards From My Edge
	Submit to Quotes

02-23-2007, 10:18 AM	#8
katiesue Senior Member Join Date: Apr 2005 Location: San Diego Posts: 4,678	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. __________________ My life is so exciting I can hardly stand it.
	Submit to Quotes

02-23-2007, 11:29 AM	#9
Cadaverous Pallor ohhhh baby Join Date: Jan 2005 Location: Parental Bliss Posts: 12,364	What did the documentation say exactly? __________________ The second star to the right shines in the night for you
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02-23-2007, 11:33 AM	#10
Alex . Join Date: Feb 2005 Posts: 13,354	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.
	Submit to Quotes