STYLETHREAD -- LET'S TALK SHOP!

curiouscookie · BCBG

Need to vent and advice on Rental deposit! (long)

Hermes

what does your lease say in regard to deposit?

curiouscookie · BCBG

The deposit is to be used in case of damage, it does not cover wear and tear and expects the apartment to be returned in the same shape it was rented out.

I totally understand this part and she accepts that when a tenant moves out the landlord basically does a certain amount of extra cleaning before renting it out.

But she is interpreting "same condition" in her own way and basically charging me for her time to clean out the place which she needs/wants to do anyway.

-- Edited by curiouscookie at 15:52, 2006-05-10

lovelygirl · Kenneth Cole

I'm not sure what state you're in but you should check out the landlord/lease laws in your state's civil code section. You have certain rights as a tenant and there are certain steps that a landlord is required to take. Read up on your rights (you can easily find them online if you google "California Tenant Rights" or whatever state you're in). That way you can let her know that you are FULLY aware of your rights and that she may be in violation of several civil codes. Let her know that you are not afraid to enforce your rights and file a claim in small claims court if need be. It may sound drastic but often the perceived threat of legal action is enough to get people working with you. Besides, it never hurts to know what your rights are.

-- Edited by lovelygirl at 15:53, 2006-05-10

curiouscookie · BCBG

I live in North Carolina and did read up my rights:

http://72.14.207.104/search?q=cache:Lf8NGyQkQ_AJ:www.communityhousing.duke.edu/Legal/security%2520deposits%2520booklet.pdf+rental+lease+deposit+return+north+carolina&hl=en&gl=us&ct=clnk&cd=1&client=firefox-a

Quoting a relevant paragraph:

Having to clean up filthy ovens, ranges, refrigerators, kitchen floors, cabinets and
bathrooms are problems that go beyond normal wear and tear, unless the landlord provided the
premises in that condition to begin with. Tenants leaving such problems behind, when they did
not exist at the beginning of the tenancy, have essentially damaged the premises, and the
reasonable costs of clean up can be charged against the deposit. If the costs are greater than the
deposit, the landlord can sue the tenant for the additional amount.

It looks like she is taking this to a whole new level. Does it sound like I am being unreasonable? Honestly the things she told me were crumbs in the fridge in the egg holder, dust on baseboards, some hair in bathroom, some spots on the walls that she wiped off. Please tell me if I am overreacting?

lovelygirl · Kenneth Cole

Hmm...it really depends on how much dust/hair/crumbs we are talking about. If she found two hairs in the bathroom, a few scattered crumbs, then she is being totally unreasonable. I would be shocked if that could constitute anything beyond "normal wear and tear".
I would probably draft up a letter that quotes the relevant sections of the civil code. Do NOT quote from the paragraph you have below-- that is how the courts have interpreted the Code but you're not in court yet. All that matters now is what the law says. Tell her according to North Carolina Civil Code, she is required to return your security deposit within 30 days *no matter what*. If she has any deductions to make for cleaning she had to do beyond normal wear and tear, she must account for those. Let her know that you cleaned the apartment thoroughly after you moved out, left it in the exact condition as it was when you moved in (I'm assuming) and that you want specific documentation of any damages she may be claiming-- these must be provided to you within 30 days of your moving out.

This might be added help:
http://www.abanet.org/legalservices/lamp/cle/1105_Rowe_LandlordHandout.pdf

Hermes

you are not overreacting, and your entire deposit should be returned unless in the lease you signed it specifies a specific amount to be kept for cleaning fees. Provided you have a lease, I'd take her to small claims court after it is all said and done. she can't make rules up and violate your contract as she pleases. it sounds as though you will not be able to reason with her, so when you get whatever it is she returns to you (the lease should also state how much time she has to return the deposit to you) just take her to small claims. no discussion needed.

again, this is all provided you have a lease. if you don't have a copy of a signed lease you're out of luck and she doesn't have to return any money to you.

also, I was a property manager in a former life, so I'm speaking from professional experience.

-- Edited by detroit at 16:08, 2006-05-10

Hermes

lovelygirl wrote:

Hmm...it really depends on how much dust/hair/crumbs we are talking about. If she found two hairs in the bathroom, a few scattered crumbs, then she is being totally unreasonable. I would be shocked if that could constitute anything beyond "normal wear and tear". I would probably draft up a letter that quotes the relevant sections of the civil code. Do NOT quote from the paragraph you have below-- that is how the courts have interpreted the Code but you're not in court yet. All that matters now is what the law says. Tell her according to North Carolina Civil Code, she is required to return your security deposit within 30 days *no matter what*. If she has any deductions to make for cleaning she had to do beyond normal wear and tear, she must account for those. Let her know that you cleaned the apartment thoroughly after you moved out, left it in the exact condition as it was when you moved in (I'm assuming) and that you want specific documentation of any damages she may be claiming-- these must be provided to you within 30 days of your moving out. This might be added help: http://www.abanet.org/legalservices/lamp/cle/1105_Rowe_LandlordHandout.pdf

I just read this after I posted. I agree with this. try this first, then take her to court if you need to. tell her she can discuss it with your attorney if she has questions (even if you don't have one - I can guarantee you she won't want to talk to an attorney.)

curiouscookie · BCBG

Thanks ladies.

Yes I do have a signed lease. I was looking up the information on the small claims court as well.

As far as our conversation went, she didn't sound like she had specific documentation on any damage and like I said I made sure this place was sparkling coz I knew how she can be. I wish I had not been so tired and taken pictures before leaving.

laken1 · Hermes

I have never cleaned an apartment I was leaving to that extent - I paid their cleaning lady their fee of $30 or $50 to have them do it because it was worth it for me. I think what she's doing is ridiculous & you need to follow the advice above!

You didn't happen to take pictures before you left did you?

Elle · Hermes

We've always cleaned a bit and made them do their inspection while we were present - then if there's anything they question the cleanliness of, we can hash it out right there.

I agree with Detroit that I doubt she'd want to take it to lawyers, so just the threat of it might be enough .....

curiouscookie · BCBG

I think she is trying to pull a fast one on me - similar to the situation with my brother and adding an extra $100 to an already signed lease. I hope that being firm and having BF there will make her be reasonable.

I am a pretty petite person and people tend to think they can treat me like a naive little girl. I don't believe she has pictures and neither do I.

Thanks so much for your advice and support. It's been very frustrating having this woman smile and then pull different things on me during this past year. I feel more confident about dealing with her and not backing down.

Drew · Gucci

See, that's why when I rented I never paid my last month's rent. Never had a problem since, but also never got security deposits returned when I did pay last month's rent. I think landlords get it in their heads that the security is theirs forever.