Drama Between the Apartments and Myself

[FStop7]

Set the place on fire and tell them if they hadn't of been assholes then you wouldn't have had to punish them like this.

[Seminole]

Originally Posted by UncleWede

"You have been served a notice of entry this afternoon for Friday July 15, 2011 between the hours of 3pm-4pm "
If they had stopped there, you would have no recourse but to know they were coming.
This is within the landlord's right to inspect/repair/whatever they want to do.


"to allow my staff to conduct what is called the pre-inspection per our vacate packet that was issued to you on July 7, 2011. "
This muddles it up quite a bit. I don't know how a judge would interpret that additional portion. But the landlord DOES have a right to give you a notice of entry and then come into your place. I'm not positive on the amount of warning they need to give you.

Some form of cleaning (steam, shampoo, chemical) is standard and customary for retuning the carpets to their condition at the time of move-in. You can have it done yourself, or pay their rates. Check the lease, some of them state the method that must be used.

See the links I provided. If the reason is for a "inital inspection before the end of the tenancy" then the CA law says it must be a mutually agreeable time. He also has the legal right to be present. The landlord is telling him when they are coming, not finding a mutually agreeable date and they basically said "we are coming in whether you are there or not, tough shit."

Also, as I said above "The security deposit cannot be used for repairing defects that existed in the unit before you moved in, for conditions caused by normal wear and tear during your tenancy or previous tenancies, or for cleaning a rental unit that is as clean as it was when you moved in." So they cannot deduct the money for cleaning from his security deposit if the apartment is just as clean as it was when they moved in. It doesn't matter what their policies are, if the carpet is clean then they don't have a leg to stand on.

[UncleWede]

I agree, but it's muddled because the landlord also has a right to send "notice of entry" unrelated to the reason stated.

Clean is different than wear and tear. The definition of a clean carpet is somewhat subjective, hence why I mentioned that it is "standard and customary" to expect some proof (receipt) for cleaning services if one is in a rental location for more than 12 months.

And when it all comes to the judge, he will compare the move-in inspection report with the move-out report, and make his judgement (assuming it gets to that point). Some people are rather blassé about that move-in inspection report. Because I've been with my dad on the move-outs, I was ANAL about the move in inspection when I was a renter.

[NYCGP]

People who waste countless hours writing emails and fighting with people over "principle" never get as far as people who put their time to more important use.

Pay the assholes the $166.00 in pennies and tell them they can go to hell. Go back to your life in your new home and enjoy the fact that you will never have a land lord again.

Sweating small stuff like this is ridiculous. $166.00 really?!

[carogers86]

Originally Posted by Seminole

See the links I provided. If the reason is for a "inital inspection before the end of the tenancy" then the CA law says it must be a mutually agreeable time. He also has the legal right to be present. The landlord is telling him when they are coming, not finding a mutually agreeable date and they basically said "we are coming in whether you are there or not, tough shit."

Also, as I said above "The security deposit cannot be used for repairing defects that existed in the unit before you moved in, for conditions caused by normal wear and tear during your tenancy or previous tenancies, or for cleaning a rental unit that is as clean as it was when you moved in." So they cannot deduct the money for cleaning from his security deposit if the apartment is just as clean as it was when they moved in. It doesn't matter what their policies are, if the carpet is clean then they don't have a leg to stand on.

If I read this right, that means they would need a separate check from me to cover the cost of carpet and vertical blinds cleaning, right? They can't just give me a lesser amount than the original $500 deposit, unless they have other reasons (broken cabinets, holes in wall, etc).

[Freakazoid]

Originally Posted by carogers86

If I read this right, that means they would need a separate check from me to cover the cost of carpet and vertical blinds cleaning, right? They can't just give me a lesser amount than the original $500 deposit, unless they have other reasons (broken cabinets, holes in wall, etc).

They could and would try, the claim would be that it wasn't as clean as it was when you moved in.

Always take before and after pictures

[carogers86]

Originally Posted by NYCGP

People who waste countless hours writing emails and fighting with people over "principle" never get as far as people who put their time to more important use.

Pay the assholes the $166.00 in pennies and tell them they can go to hell. Go back to your life in your new home and enjoy the fact that you will never have a land lord again.

Sweating small stuff like this is ridiculous. $166.00 really?!

I wouldn't have to pay them, they would just give less of my deposit back.

Let me write you a fable to better convey my thoughts:

Pretend you and I are neighbors and you park your BMW outside on the driveway. At least once a week you walk out to your BMW in the driveway and you see a cup of dunkin donuts spilled on your roof and it spills down your windshield. No big deal, just get a $10 car wash..... its just $10. No harm done.

After months of this you catch me walking to my car in my driveway holding a cup of dunkin donuts coffee. You ask me if I have been pouring coffee on your car. I say, "yes, I like the way the color of coffee blends with the color of your car." You tell me that it is disrespectful and illegal to commit such an act. I respond by saying, you can pay me $8 a week and I won't pour coffee on your car in the morning. You say that what I am doing is illegal and just wrong and that you should not have to pay me or anybody $8 a week so they don't pour coffee on your car. I say, "come on, its just coffee. You can get a car wash and its gone, just $10 a week for the car wash! You have better things to do than worry about getting a quick car wash just once a week....its just $10 and its quick!"

You could just ignore me and pay the small fee every week, or you could fight me in a legal way tooth and nail because it is a matter or principle.
.

[Freakazoid]

Originally Posted by carogers86

You could just ignore me and pay the small fee every week, or you could fight me in a legal way tooth and nail because it is a matter or principle.
.

I'm in complete agreement over the principle. Be as much of a PITA to them. If enough people fight on principle, they could/will change their policies

[NYCGP]

Originally Posted by carogers86

I wouldn't have to pay them, they would just give less of my deposit back.

Let me write you a fable to better convey my thoughts:

Pretend you and I are neighbors and you park your BMW outside on the driveway. At least once a week you walk out to your BMW in the driveway and you see a cup of dunkin donuts spilled on your roof and it spills down your windshield. No big deal, just get a $10 car wash..... its just $10. No harm done.

After months of this you catch me walking to my car in my driveway holding a cup of dunkin donuts coffee. You ask me if I have been pouring coffee on your car. I say, "yes, I like the way the color of coffee blends with the color of your car." You tell me that it is disrespectful and illegal to commit such an act. I respond by saying, you can pay me $8 a week and I won't pour coffee on your car in the morning. You say that what I am doing is illegal and just wrong and that you should not have to pay me or anybody $8 a week so they don't pour coffee on your car. I say, "come on, its just coffee. You can get a car wash and its gone, just $10 a week for the car wash! You have better things to do than worry about getting a quick car wash just once a week....its just $10 and its quick!"

You could just ignore me and pay the small fee every week, or you could fight me in a legal way tooth and nail because it is a matter or principle.
.

Your fable.. while humorous and somewhat similar, isn't the same. You are moving on with your life. You will "hopefully" never have to deal with a landlord again. I dealt with a whole bunch of problems with my old landlords when I moved out because they were in dire need of rent and I gave them more than the required amount of notice and they didn't remember I was moving out. They tried to pull some shit saying I had to stay an extra month. That was almost $3,000.00. That is something that I fought for because it was beyond principle it was an expense I couldn't afford at the time. I won my battle, but it didn't take up much of my time. I would stop by on the way home and talk to them until I made them understand I was right and I was moving out whether they liked it or not. I also didn't have a deposit for them to deduct from.

$166.00 move out fee is rather common in a lot of rental/leased properties. They haven't been milking you for years. Nor have you been forced to go out of your way time and time again like the case of your coffee spilling. This is a one time fee and I agree they have no right to charge you for it. But in the end this will not be the last time someone tries to pull this shit on you. Certain times you need to recognize what the value of your own time is.

People who fight tirelessly for small amounts of money over principle normally miss out on much bigger opportunities because they are focused on the small stuff. Life is too short to be fighting for something that won't effect you at all in the long run. If this situation required you to pay them every month for the next 6 months to recoup costs of damage to your apartment when there wasn't any, I wouldn't say anything. But this is a one time charge. You will never have to deal with them again after this. Get it over with and move on.

[Blake]

Originally Posted by NYCGP

People who waste countless hours writing emails and fighting with people over "principle" never get as far as people who put their time to more important use.

Pay the assholes the $166.00 in pennies and tell them they can go to hell. Go back to your life in your new home and enjoy the fact that you will never have a land lord again.

Sweating small stuff like this is ridiculous. $166.00 really?!

while i would typically agree with you, and i would typically just pay it myself, i fucking hate apartment management companies with a fervent passion. anyone willing to fight these assholes, i always implore them to. they often act on illegal terms, as in this case, and are just plain thieves.

[NYCGP]

Originally Posted by Blake

while i would typically agree with you, and i would typically just pay it myself, i fucking hate apartment management companies with a fervent passion. anyone willing to fight these assholes, i always implore them to. they often act on illegal terms, as in this case, and are just plain thieves.

And that is why you bought your own place... Even though now you have to deal with all the headaches yourself. You still don't have someone telling you what you can or can't do in your own home.

[Blake]

Originally Posted by NYCGP

And that is why you bought your own place... Even though now you have to deal with all the headaches yourself. You still don't have someone telling you what you can or can't do in your own home.

that's why i built a bondage dungeon.

[bolinp78]

Originally Posted by Blake

that's why i built a bondage dungeon.

you weren't supposed to tell anyone about that, idiot

[Seminole]

Originally Posted by UncleWede

Some people are rather blassé about that move-in inspection report. Because I've been with my dad on the move-outs, I was ANAL about the move in inspection when I was a renter.

When I moved into my apartment I ran out of room to write because I wrote so much stuff down, lol.

[Forcefed3]

Read the first sentence. Cliff notes?

[Blake]

Originally Posted by bolinp78

you weren't supposed to tell anyone about that, idiot

well it's become pretty popular...it's got a 'place' on facebook check-in.

[carogers86]

Originally Posted by Blake

well it's become pretty popular...it's got a 'place' on facebook check-in.

Damnit. I just chuckled out loud, but turned it into a laugh at the music recital I am sitting at right now. Jeeezuz...

[carogers86]

Originally Posted by carogers86

Damnit. I just chuckled out loud, but turned it into a laugh at the music recital I am sitting at right now. Jeeezuz...

Whoops. I meant turned it into a cough**

[carogers86]

I will update you on what management has just pulled out of their bag o tricks when I leave this recital...

[carogers86]

Originally Posted by Forcefed3

Read the first sentence. Cliff notes?

I wish I thought of this statement when I had to read long history related books for college history class...

[DarkRider23]

Originally Posted by NYCGP

People who waste countless hours writing emails and fighting with people over "principle" never get as far as people who put their time to more important use.

Pay the assholes the $166.00 in pennies and tell them they can go to hell. Go back to your life in your new home and enjoy the fact that you will never have a land lord again.

Sweating small stuff like this is ridiculous. $166.00 really?!

Waste countless hours fighting for $166 or waste countless hours surfing E90Post while making no money. I wonder which one sounds better. Most people have the extra time to fight tooth and nail for some money. I doubt your schedule is filled and you're working 24 hours a day, so why not fight for the money?

[CollinsE90]

Originally Posted by DarkRider23

Waste countless hours fighting for $166 or waste countless hours surfing E90Post while making no money. I wonder which one sounds better. Most people have the extra time to fight tooth and nail for some money. I doubt your schedule is filled and you're working 24 hours a day, so why not fight for the money?

He wipes his mouth after some spaghetti and meat balls with 100's