Landlord is charging for items not mentioned during final inspection

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kmjaseth

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I just moved out of a townhouse in Pacifica, CA (San Mateo County). The final inspection was attended by myself, one roommate, the manager, and the landlord. While the landlord stayed downstairs the entire time, the manager and I walked through the entire house. At the end of the walk-through the manager said that there was some cleaning that still needed to be done and that she would hire her personal house cleaner to do it. She said that it wouldn't cost more than $80 since there wasn't that much to be done. During the inspection the manager commented on how nice the carpets looked, but after we finished the walk-through we came back to find the owner complaining about the carpets not being clean enough. The manager requested to keep the receipt for the carpet cleaning that we had just had done the day before and said that she was familiar with the company and that they were "good guys".

A few days later the manager emailed me informing me that she had a second company come out to clean the carpets and that we are responsible for that payment. She then continued to harass us about the garbage and PG&E bills not being paid, despite the fact that we had sent payment for one and were still waiting on the bill for the other. She was threatening to withhold our entire deposit until our final bills were paid.

I have now received a letter and my half of the deposit. The landlord has deducted $243 for a carpet cleaning, $165 for house cleaners, and $135 for replacement of blinds. None of these deductions were given to me in writing at the time of the final inspection. The landlord included a letter that states that "the entire condominium needed to be deep cleaned by professional house cleaners as everything was ridden with dirt". This contradicts what both the landlord and manager said at the time of the final inspection.

Before taking these people to court, I would like to know whether or not I will have a chance at winning. I did not take pictures at the time of the final inspection, so I have no proof that the unit was clean. But, I am hoping that the fact that we were not given anything in writing at the time of the final inspection will override my stupidity at not taking pictures.
 
Of course you have a chance at winning. But, so does your former landlord.

All states give the landlord a certain amount of time to return any security deposit. This allows them the time to more closely inspect a rental unit after the tenant vacates to determine if damages in excess of normal wear and tear exist. This is why a security deposit is typically not returned at the time of the final walk through.

If you file against your landlord, they will have to show proof of this damage and costs of returning the unit to its pre-rental state. You will have to show proof that this damage did not exist. The individual amounts charged for the carpet cleaning, replacement of blinds, and house cleaners is not excessive and this fact will likely go against you in court.

Gail
 
Thanks for the info! If I had pictures I would be better off. I'll never make that mistake again. Thank you for your time!
 
Yes; I agree that pictures would be helpful.

You need to decide if the cost of filing (typically in Small Claims Court) and the time involved going through this process is worth it. For some, it might be but sometimes that depends on just what the filing fees are and how confident they feel that they may win their judgement.

Gail
 
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