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Updated over 7 years ago on . Most recent reply

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Kenley Law
  • Fremont, CA
0
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12
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Unreasonable move out charges - California

Kenley Law
  • Fremont, CA
Posted

I recently moved out of my apartment after the 10 month lease expired, in Pleasanton, California. My wife, my roommate and I were the first tenants for this brand new apartment.

We were charged: 

$120 for carpet cleaning and scrubbing

$347.12 for paint

there was no justification for the charges but just an itemized statement. (Civ. Code §§ 1950.5g 4A requires list of damages/repairs provided if over $125).

I find these charges unreasonable due to the following:

1) we requested for a pre-move out inspection for a chance to correct any deficiencies, which I believe is a tenant's right. They provided a notice of entry to the apartment to perform the inspection but they never came. I called and sent emails but never received a response from the property management company.

2) under California Civil Code section 1950.5 (B), "the tenant is not responsible for damages resulting from normal wear and tear". The carpet had no stains and was pretty much in the same condition as it was when we moved in. Therefore I do not agree with the carpet cleaning charges.

3) I do not know what the painting charges are for because they provided no justification. However, my roommate did leave some stains on the wall in the 3' x 3' storage room.

I also only received the final invoice today, September 20 in the mail. The invoice is dated September 15 and says the final amount is due September 29. Are they able to give such short notice? I have a security deposit of $99 with them.

Do I have any recourse against this landlord? I'm also scared about being charged some kind of ******** late fee if I do not pay by September 29. I feel like I am at the mercy of them as I do not want my credit affected so I can purchase a home property.

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