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confuzionzw

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Posts: 2
Reply with quote  #1 

I moved out of an apartment about a year ago after living there for 3 long years, I always paid my rent on time never once was I late and I felt I was treated very very horribly in my time living there, example, I asked the upstairs neighbor to be quiet because I couldnt sleep I woke up the next day and there was a hole in my door that its quite obvious he kicked and I had to pay for it, I own property, and have had people break into the house and I had to pay for it because it is MY PROPERTY. So when I finally moved out I knew they were not going to give me my security deposit because they are crooks, Arnel Managment has been sued for 5 million dollars a couple times now for not returning security deposits, so I didnt bother really cleaning the apartment but there wasnt much damage there was a whole in the wall where the upstairs apartment was leaking and I did not cause this problem so when I moved out and got my thirty day notice that I would be leaving signed they did not issue a inspection, I didnt think much of it and I moved out the day before my last day paid. Then about 2 months later they send me a letter in the mail saying that I owe 1700 dollars and they want me to resurface the bathtub and resurface the countertops (by this time I met a girl and her apartment had very nice counter tops much nicer then the ones I always had) so I assume they want me to remodel the damn apartment which I find absurd, so I give the guy a call and tell him that I dont think its fair to pay this stuff and he decides to tell me that I have shortman syndrome which was a total low blow after I have given this place close to 45k in 3 years. So I dont hear anything for like 6 months then i see that they are going to turn me into creditors if I dont pay the amount in full which is now down to 1100? Can someone tell me if they can do this legally and what steps should I take to clear this situation up? Someone told me in California if they dont issue an inspection before I move out that im not responsible for anything and they actually owe me my security desposit in full please tell me if thats true. Thanks for the help.

OHlandlord

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Posts: 3,814
Reply with quote  #2 
OK, a couple of points.  They don't have to do an inspection before you move out.  They merely have to offer to do one.  If you don't request the PMI (inspection), that's on you.  It is there to allow you to know some of what they are going to deduct and allow you a chance to correct it before you moved out.  Was the required language (offer) in some form or paperwork they sent you, like on a paper that acknowledged your 30 day notice?  Go back and read through these and see if they made the offer to you.

Next, did they send you a statement that said what they were deducting from your deposit?  It should have been itemized to show each item.  Did you get this form within 21 days of moving out and returning the keys?  Did you leave a forwarding address or do a forwarding address with the post office so it could reach you?

They can charge you for certain things.  You said you didn't clean the unit before you left, so they probably will charge you to clean the place.  (Dirt is not wear & tear.)  Did you make a written report of the holes in the wall and the door?  If not, they can charge you for those.  (The idea is that if you didn't report them, you are responsible for the damages.)  They can charge you for any other damages to the unit beyond wear & tear.  Why are they trying to charge you to resurface the tub and countertops?  were they damaged?

You need to find the itemized statement they sent to you, if any.  Then you need to write a letter to them and any collection agency disputing each of the charges one by one.  Tell why you should not owe for that charge or why the amount is not correct for the damage.  Send the letters to them by certified mail, return receipt requested, and keep a copy for yourself.  Ask them to reply within 14 days.  Ask any collection agency to cease colection actions while the matter is in dispute.  Let us know what they say.
confuzionzw

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Posts: 2
Reply with quote  #3 
On my 30 day lease it says

Managment move out inspection scheduled for .............. (Blank)

Resident is unable to complete teh move out inspection with managment........(also blank)

Like I said this place has been sued for millions of dollars they are clearly criminals, they said I lived in the apartment for 14 extra days in August of 07 but I was gone and I believe someone was in my apartment by 10 days, I had all my utilities turned off and everything...

No the bathtubs were not damaged, dirty maybe, but far from damaged, yes I did go in and tell them about the ceiling leaking it happened many times once the upstairs apartments bathroom leaked to wear there was a whole about 3X3 feet right above my shower with the upstairs neighbors dirty ass water falling into my bathroom, that took them 3 weeks to finally fix, the were very slow and treated me and everyone else I knew that lived there like crap, I did not take pictures of the apartment before I left because like I said I knew I wouldnt get my security deposit back, but didnt think they were going to say that I somehow owed THEM money, I have a friend that helped me move out and he knows there wasnt any damage to the apartment. Also I heard that if I live there every year they are suppose to clean the carpets for free by law? If that is true it never happened... I also have a Police Report of the hole in my door that the guy kicked in, and a recepit that I had to pay to get it fixed and If I didnt pay to fix a whole that someone else kicked (clearly) they wouldnt accept my rent check until I paid 250 dollars for the door, then When I did pay they did a half ass job installing the door and it was on crooked and not even painted and looked like crap.... Needless to say you see why I left this hell hole.
OHlandlord

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Posts: 3,814
Reply with quote  #4 
Having lawsuits filed against you does not mean you are a criminal.  Anyone can sue anyone for anything in this day and age.  I have been sued (and I won).  People can sue for coffee that is too hot, fast food that makes them fat, falls that they take of their own fault.  Anyone can file a lawsuit.  What matters is if YOU have grounds for a suit.

There is no law that says carpets need to be cleaned every year by management.  This is a myth, the same as the one about having to paint a unit every x number of years, or to replace carpet every so many years.  No such law exists.

The blank clauses in your agreement are not the same thing as offering a PMI.  There is specific language they must include in an offer of a PMI (inspection before you move out).  Look this up in CA law.  They must offer this to you.  Please read up on this.  There are penalties if they don't offer this to you.  You may be able to use this to your advantage.

As for the extra 14 days - did they know you were gone?  Had you turned in your keys by then?  Until keys are returned, you retain possession of the unit and are responsible for rent.  Whether the utilities are on is immaterial.  You can ask when the next tenant moved into your unit.

In future, don't ever TELL your LL of a problem, except in an emergency.  Put it in writing and keep a copy.  You can't prove when you told them of the problem or when they learned of it.  You need to be able to prove it.  You may want to send repair requests by certified mail, return receipt requested so you have proof of when they received it.  Many states give the LL 30 days to make repairs if they are not emergency or habitability issues.  In most states, repairing that ceiling in 3 weeks was a proper response time.
Saved_Astronaut

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Posts: 10
Reply with quote  #5 
i;d lived in a duplex 18 long yrs & if I ever had a problem w/ a noisy neighbor I called the cops, the landlord, & even got them in trouble w/ the local mental health agency (they happened 2 B clients). it seemed 2 work & things have quieted down i even went as far as threatening 2 make them pay my college fees if I was ever dismissed from class due 2 poor grades resulting from lack of sleep. this ALL worked & now U hardly know he's home....... WHEW!!!!!!!!!!!!

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