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- Xref: sparky misc.consumers:15794 misc.consumers.house:11489
- Path: sparky!uunet!olivea!decwrl!csus.edu!netcom.com!heintz
- From: heintz@netcom.com (Patrick Heintz)
- Newsgroups: misc.consumers,misc.consumers.house
- Subject: Re: ADVICE NEEDED: Former Apartment deducted $300 from rental deposit without reason
- Message-ID: <9tdnw8n.heintz@netcom.com>
- Date: 28 Aug 92 16:12:54 GMT
- References: <1992Aug21.000215.4175@indetech.com> <1992Aug22.033523.16160@eng.umd.edu> <1992Aug24.150617.22751@gtech.com> <1992Aug24.171138.28443@tss.com>
- Distribution: usa
- Organization: Netcom - Online Communication Services (408 241-9760 guest)
- Lines: 38
-
- >In California, normal wear and tear can't be charged to the tenant, but they
- >always try to do it anyway. I have a friend who was told she had to clean
- >the carpet, drapes, and screens in addition to all the other stuff in order
- >to get her deposite back. This was after two years of tenancy. The screens
- >are exterior maintenance, and the carpets and drapes are normal wear and tear.
- >If you leave before one year they can charge you a pro-rated amount for
- >cleaning things like carpets but never the whole amount.
-
- At my apartment complex, (Mountain View, CA) I was told that a dirty carpet
- is NOT "wear and tear" because it isn't "wearing out"; it's just dirty, and
- as such, must be cleaned before moving out. I intend to check into
- this since I'm the assistant manager of our complex and have been telling
- people this based on what the owner of the complex has told me.
-
- >Another thing people often don't realize is that the landlord can only charge
- >you his/her/their actual cost for repairs. For example, many apartment
- >complexes will charge something like $150 for painting. If you can determine
- >that the painting was done by an employee of the complex, then they can only
- >charge you their cost which is the cost of the paint itself since they pay
- >their employee anyway, whether they paint your apartment or trim the hedges.
-
- If I (the assistant manager) paint an apartment, I get paid an additional
- hourly wage from the owner.
-
- >And, besides, the painting comes under the normal wear and tear category
- >and must be pro-rated in the first year of tenancy, after which it is assumed
- >that they would have to paint anyway.
-
- Are you able to cite a California law that specifically states that painting
- and carpets fall under "wear and tear"? I wonder if "wear and tear" is
- actually defined anywhere?!?!
-
- >When you hassle with a landlord, it pays to let them know that you are aware
- >of your rights on these issues so they know you have the ability to beat them
- >in court. This will usually get your deposit back without having to actually
- >go to court.
-
- -Pat
-