Hello Folks,

My family lived at an apartment complex in San Jose, CA from March 5, 2005 to May 15, 2007. Our security deposit was $710.00

At the time of moveout, the landlord insisted on not signing off on the final walk through unless we agreed to extra cleaning of carpet and bathroom.

We agreed, assuming we would lose about $200 of the deposit. Instead, we were shocked to discover that the company deducted $547.00 of the deposit. This included $204.00 for painting and $249 for "cleaning" -- $120 for "normal" cleaning, $60 for extra cleaning, $85 for carpet cleaning, $42.5 for "extra carpet cleaning", $25 for "blinds cleaning" and $10 for "washer-dryer".

They have not shown any receipts and only furnished an invoice from a glazing company -- which upon consulting the manager of another apartment complex, we learned was a company that does "cosmetic" / glazing work. Surely tenants are not responsible for cosmetic work after moveout? We didn't damage the kitchen at all.

We have since attempted to resolve this issue through City of San Jose's housing disputes program. They refused to participate (the program is voluntary). We wrote to Better Business Bureau, they came back claiming they were under "New Management" and asked what we wanted to do. When we asked for copies of the receipts, they never responded back to the BBB!


Can they can charge us $204.00 for painting (we lived there for 2 years and 2 months) and almost $240 for "cleaning"?

We want to take them to small claims court. What are our chances of winning this case? We have copies of their detailed deposit deduction summary. We left the apartment in a good condition. Unfortunately, we don't have any pictures. Could this affect our situation in any way? We tried mediation in good faith but this company absolutely refused to cooperate or show receipts.

Please help.

Thanks in advance,

Kree

It sounds like they are trying to charge you for upgrading and not just getting it back to the condition it was in when you moved in. Send them a certified letter stating that you will not consider paying until you have an itemized letter of how/what you did that directly affected cleaning, cleaning, and more cleaning, painting, painting and more painting, etc...
Next time take pics before you move in and when you move out

We want to take them to small claims court. What are our chances of winning this case? Hello Kree:

I'd say about 75% - 25% in your favor.

excon

It sounds like they are trying to charge you for upgrading and not just getting it back to the condition it was in when you moved in. Send them a certified letter stating that you will not consider paying until you have an itemized letter of how/what you did that directly affected cleaning, cleaning, and more cleaning, painting, painting and more painting, etc....
Next time take pics before you move in and when you move out


Hello,

There is no question of writing them again. They have already deducted the deposit and returned $162.00 of the deposit in June, 2007. We then tried talking to them -- that failed. We tried the City's mediation program -- they didn't cooperate. We wrote the BBB, that failed as well (they simply did not respond to the BBB when we demanded receipts).

Yes, we should have taken pictures. We just didn't realize they'd scam us this way! Once bitten, twice shy. We've learned our lesson the hard way and are not likely to repeat this.

Thanks for responding,

-Kree.

Hello Kree:

I'd say about 75% - 25% in your favor.

excon

excon, 25% chances we'd lose?

What can we do to increase our odds even higher? I still kick myself for not having PICTURES! But wouldn't the fact that we tried to resolve this outside of court and their non-response allow a judge to see that this company is indulging in a deposit rip off scam?


Thanks,

Kree

Hello again, Kree:

Any time you're dealing with an agency with the name "bureau" in it, they ain't going to be much help.

The BBB only keeps records and writes letters. They have NO teeth. Voluntary mediation is toothless. The courts, on the other hand, HAVE teeth. I would go directly to file your small claim.

excon

PS> (edited) 75-35 is pretty good in your favor - especially WITHOUT pictures. Yes, you're going to appear reasonable. That's worth about 5 points.

excon,

I searched our county court's website and found that they have been involved in a number of small claims case.

I don't understand the terminology, however. The defendant is the apartment complex and the plaintiff is the ex-tenant, apparently

__________________________________________________ ______________________________________

Here are the events:

Number-Sequence Document Description Filed Ruling Date
0003-000 Sc Decl:Authority To Represent 01/16/2007 None 01/17/2007
For: Defendant / DEF
0002-000 Sc Proof Of Svc 12/08/2006 None None
For: Plaintiff / PLT
0001-000 Sc Plaintiff Claim $1501-$5000 11/16/2006 None 11/16/2006
For: Plaintiff / PLT


16/2007 01:00PM SC Claim of Plaintiff & Defendant Jgmt Entered C 01/16/07 None None None


Involved Parties Documents
Type Name Disposition
Plaintiff XXX XXXX
Plaintiff's Address SC-AH Entry Of Judgment-Contested
Defendant: Property Management Company's Name
Address SC-AH Entry Of Judgment-Contested
Doing Business As Apartment Complex Name
None


A second case:

Case Information Associated Cases
Number: XXXXXXXXXXXXXXXXX
Title: Plaintiff (ex-tenant) Vs Defendant (Apartment complex name)

Category: SC Money

Filed: 11/17/2004 Disposed: 12/29/2004 Status: Post


Calendared Events Involved Parties Documents
Type Name Disposition
Plaintiff: Plaintiff's name
--- Plaintiff Address--- SC-AH Entry Of Judgment-Contested
Plaintiff: Second Plaintiff
--- Plaintiff's address--- SC-AH Entry Of Judgment-Contested
Defendant: Property Management Company's Name
--Their address----- SC-AH Entry Of Judgment-Contested
Doing Business As: Apartment Complex's name
None

Involved Parties Calendared Events Documents
Date Time Event Description Result Notice Printed Reset
Description By Date To From
12/14/2004 06:00PM SC Claim of Plaintiff & Defendant Jgmt Entered C 12/29/04 None None None

Involved Parties Documents Calendared Events
Number-Sequence Document Description Filed Ruling Date
0003-000 Decl: Authority To Represent 12/14/2004 None 01/05/2005
For: DEF
0002-000 Sc Proof Of Svc 11/24/2004 None None
For: PLT
For: PLT
0001-000 Plaintiff'S Claim(<13, Non-Govagncy) 11/17/2004 None None
For: PLT


__________________________________________________ _______________________

I'm wondering about all the SC-judgement contested. Does this mean the company actually didn't agree to pay?

Thank you so much helping me in this regard.

-Kree