- Jurisdiction
- California
Little background on my tenancy: I lived in the apartment under their management for 9 years. My security deposit was $1100, and the rent amount as of November was $1785.
I gave the property management a notice on November 29, 2022 stating that I'm scheduled to move out of the apartment on November 30th. I thought my security deposit would cover any deductions they would make for the month of December. I also thought that I didn't have to pay for the December's rent because I was on a month-to-month lease, and the apartment had been unoccupied since December 1st. I also mailed the keys afterwards. They kept emailing me a Tenant Notification saying that I have a balance due for December's rent. I sent the property manager a print of my tenant ledger that highlights my Move Out Notice date and notified them that I have left the premises as of December, as well as mailed the keys back to them.
The property manager left a voice message acknowledging that they have received the notice I gave them. However, she said in the lease agreement that it's a full 30 day notice, meaning I'm responsible for the full 30 days, which means I'm responsible for the apartment and liable to whatever happens to the property until December 29th. She went ahead and said that she has not yet received the keys and the rent money, so I sent a payment of $1785 for December's rent. The next day, they charged me a late fee of $45 and an admin fee of $50, which I also paid. I emailed the property manager letting her know that I paid the balance due for December's rent. She emphasized that I am held liable for the property for the full 30 days as per the lease agreement.
Few days ago, I received a security deposit report from them. They're charging me for "unpaid rent" dating from January 1st to January 17th, which totals to $1011.50. Other charges were cleaning fee of $285, change locks $235, and lost HOA keys $75. I checked the tracking number of the mail for the keys and apparently they never received the keys I mailed to them. They are charging me $506.50 for the remaining balance of the deductions. They want me to pay the balance due before February 14th or else they will take legal action against me. My Informed Delivery notified me that this particular mail will be arriving in my mailbox on February 21st. The envelope was postmarked on February 14th.
I'm really surprised is that they're charging me for the first 17 days of January. How convenient it is that it costs $1011.50 for those 17 days, which is almost as much as my $1100 security deposit. And the mail arrived to me "late". I really don't understand why they're charging me for January's "unpaid rent" whereas the property manager clearly stated in her voicemail that I'm only responsible until December 29th. I'm starting to think they're trying to get me in trouble.
Another red flags that I noticed were:
1. They did not attach any receipts to the security deposit report. (I'm going to ask them for the receipts)
2. The Move Out Date I told them was November 30, 2022, but in the security report they sent me, the Move Out Date they put was January 17, 2023.
3. There's a lot of discrepancies (in regards to dates) between my tenant ledger and the security deposit report that they sent me.
My questions are:
1. Are they allowed to charge me rent 31 days after I moved out?
2. If I recover the lost HOA keys, can I claim back the $75 they charged me?
3. Should I look for a mediator to sort this issue out or wait for them to take this matter to small claims? What would be the proper way to handle this problem?
4. Shouldn't I be entitled to the $1011.50 that they're charging me for? Would it be possible for me to claim that money back?
Any other advice would be greatly appreciated, thank you.
I gave the property management a notice on November 29, 2022 stating that I'm scheduled to move out of the apartment on November 30th. I thought my security deposit would cover any deductions they would make for the month of December. I also thought that I didn't have to pay for the December's rent because I was on a month-to-month lease, and the apartment had been unoccupied since December 1st. I also mailed the keys afterwards. They kept emailing me a Tenant Notification saying that I have a balance due for December's rent. I sent the property manager a print of my tenant ledger that highlights my Move Out Notice date and notified them that I have left the premises as of December, as well as mailed the keys back to them.
The property manager left a voice message acknowledging that they have received the notice I gave them. However, she said in the lease agreement that it's a full 30 day notice, meaning I'm responsible for the full 30 days, which means I'm responsible for the apartment and liable to whatever happens to the property until December 29th. She went ahead and said that she has not yet received the keys and the rent money, so I sent a payment of $1785 for December's rent. The next day, they charged me a late fee of $45 and an admin fee of $50, which I also paid. I emailed the property manager letting her know that I paid the balance due for December's rent. She emphasized that I am held liable for the property for the full 30 days as per the lease agreement.
Few days ago, I received a security deposit report from them. They're charging me for "unpaid rent" dating from January 1st to January 17th, which totals to $1011.50. Other charges were cleaning fee of $285, change locks $235, and lost HOA keys $75. I checked the tracking number of the mail for the keys and apparently they never received the keys I mailed to them. They are charging me $506.50 for the remaining balance of the deductions. They want me to pay the balance due before February 14th or else they will take legal action against me. My Informed Delivery notified me that this particular mail will be arriving in my mailbox on February 21st. The envelope was postmarked on February 14th.
I'm really surprised is that they're charging me for the first 17 days of January. How convenient it is that it costs $1011.50 for those 17 days, which is almost as much as my $1100 security deposit. And the mail arrived to me "late". I really don't understand why they're charging me for January's "unpaid rent" whereas the property manager clearly stated in her voicemail that I'm only responsible until December 29th. I'm starting to think they're trying to get me in trouble.
Another red flags that I noticed were:
1. They did not attach any receipts to the security deposit report. (I'm going to ask them for the receipts)
2. The Move Out Date I told them was November 30, 2022, but in the security report they sent me, the Move Out Date they put was January 17, 2023.
3. There's a lot of discrepancies (in regards to dates) between my tenant ledger and the security deposit report that they sent me.
My questions are:
1. Are they allowed to charge me rent 31 days after I moved out?
2. If I recover the lost HOA keys, can I claim back the $75 they charged me?
3. Should I look for a mediator to sort this issue out or wait for them to take this matter to small claims? What would be the proper way to handle this problem?
4. Shouldn't I be entitled to the $1011.50 that they're charging me for? Would it be possible for me to claim that money back?
Any other advice would be greatly appreciated, thank you.
