Other Debt Bogus Rental Debt

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peps1cola

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This is going to be a bit of a long-winded post, but I really need some help here. I would appreciate anyone who takes the time to read through this all and comment constructively.

Here goes; I am 2.5k in debt to an apartment complex and I firmly believe that I do not owe this company the amount they are trying to claim.

I moved in two years ago in Mid-November. The initial deposit was $250. Monthly rent was $840 a month with another $40 a month for an apartment with a washer and dryer. Utilities paid by the tenant...

When I moved into the apartment, it smelled of dog urine and cigarettes... There were obvious places in the wall where there had been rough stucco repair (they slapped on some mud and then called it), the carpet was spotty (some of which had been covered cleverly with makeup) and curling/patched/missing in some places, and there was mold everywhere. It was instantly apparent to me that the landlady was trying to dump their second-rate "refurbished" apartment on me... and I took it because it was the only thing available at the time, and because I thought I knew how to handle it.

In the section on the initial contract where it asks you to list any noticeable damage to the unit, I wrote down EVERYTHING that was slightly wrong with the apartment. From minor dents in the wall, to the spotting on the carpet and persistent smell (didn't go away for the entire time I lived there). I let the landlady know the instant there was damage to the apartment. In my time there, I significantly damaged the apartment twice:

1. I burned the carpet with a coal from a hookah.
2. I bought a puppy, which missed his potty-pads a few times.

I need to emphasize that I trained my dog to use plastic-lined, absorbent training pads when it uses the restroom. He only missed a couple times initially and those accidents were quickly soaked out of the carpet and cleaned with oxi-clean. ONCE, near the end of my stay at the place, I let it go pretty badly and there were significant poop stains on the floor which were seen during an inspection (they claimed was not a damage inspection). I picked every bit of it out of the carpet, oxi cleaned the entire area, and steam cleaned afterward. Spotless. The carpet had been steam cleaned twice in my stay there and vacuumed constantly. Before moving out, I personally did patchwork on the burned areas (I work construction) and we left that place looking PRISTINE. No mold, all utilities cleaned and functional, I even replaced the damn batteries in the smoke alarms. We left the place looking better than when we got it.

More importantly, I let the landlady know of these damages and showed her that I had cleaned the carpets. I did not tell her I had done patchwork, but had written in the original contract that there was existing patchwork that had been done. When I let her know of the damages, I had asked her if she wanted to split the bill for the carpet 50/50. She said it sounded fine and that she was thinking of replacing the carpet, and everything else in the apartment, since they were modernizing the rest of their complex (installing granite countertops and stainless steel appliances). Never got written agreement.

Now that you understand a little better the context of these charges, here is the legal bit... I was FIRED from my job three months after resigning the lease for twelve months. The business was expanding and wanted someone with a bachelor's degree rather that an AA. Not forseen, but they let me know it was happening and asked me to quit so it didn't look so bad to other businesses. I had no choice but to break my lease; I gave my 30 day notice and was out of the apartment late November. Under the lease terms, it states that I am "obligated to pay" for EVERY MONTH that I had initially contracted for until someone moved into the unit. Someone moved in during the middle of December. So, here are the details of my bill:

$917 - November's rent
$840 - December's rent
$900 - Carpet repair
$160 - "general cleaning"
$100 - late fees
$40-80 - utilities

Alright, after my story lets see if you can guess which charges I feel are complete and utter nonsense... You guessed it! I don't feel like I should have to pay for their renovations because I know I took care of the apartment and left it in better condition than I received it. I feel they are just trying to chock up as many charges as they can in hopes that I pay out my teeth to avoid the "BAD CREDIT" (oh god, so scary!!) that the landlady keeps holding over my head. Obviously I am obligated to pay for the month that I lived there, but all of December too??? The person moved in mid-december and they were "modernizing" the apartment in the meantime. I really feel fucked over here guys. I only feel obligated to pay 1.2k for Novermber's rent, utilities and even the damn late fees. I do not feel like I am obligated to pay for carpet they had planned to remove anyway during their remodel, and I know I cleaned the place spotless so I don't want to pay for "general cleaning." They have not sold the bill to a debt collection agency and want me to come in to set up a payment plan... I need to know whether I have grounds for a legal battle and need to start calling a lawyer or not because I firmly oppose the fact they are clearly trying to take advantage of people. Please let me know what you think.
 
Also, I don't know if it matters or not, but they took the $250 initial deposit and the $400 pet deposit that I threw down when I got my pup. So, really I have already paid for my half of the carpet and the half of December they say that I am responsible for...
 
Your recourse assuming they presented the bill timely in accordance with state law, is to sue them in small claims for the full return of your deposit and let the judge determine the situation. It sounds like the carpet had already been fully depreciated and if you have pictures/video and the move in and move out reports, the court might drop the carpet and cleaning charges except for things like stove rings. If you had friendly neighbors, talk to them and ask when the unit was rented again as you are only obligated to pay rent until then. You could subpoena the info also.
 
You disagree with their bill.
They disagree with you.
Your only option is to go to small claims.
It ain't fast, and its rarely satisfying.
Good luck.
 
Your recourse assuming they presented the bill timely in accordance with state law, is to sue them in small claims for the full return of your deposit and let the judge determine the situation. It sounds like the carpet had already been fully depreciated and if you have pictures/video and the move in and move out reports, the court might drop the carpet and cleaning charges except for things like stove rings. If you had friendly neighbors, talk to them and ask when the unit was rented again as you are only obligated to pay rent until then. You could subpoena the info also.

They have been more than reasonable with their timeliness about billing me -_- I would definitely say that the carpet had already depreciated. During the final inspection, their on-site handyman noted that it "just looked like four year old carpet" (how old it was supposed to look after I had lived there). IE it didn't look good, but it didn't look like I had done anything more than wear-and-tear. They are basing the carpet charge on the fact that "when they steam cleaned, urine smells were brought up..." Problem with that is I have it marked on the contract that it smelled exactly like that when I moved in. And stayed that way for the two years I lived there. I only had the dog for a couple months... couldn't have done $900 worth of damage. That's my whole point here - I feel like everything they are trying to charge me for are things that I had covered myself on in the contract. I guess what I'm really asking is this: if this goes to small claims, do I have enough evidence on my side to make a case and is there any way that this could backfire on me?

EDIT: I also want to note that I do not have any evidence that would hold up in court EXCEPT for what I had written on the damages report in the original contract. She even offered to fix the problems because I had listed so many... I said it wasn't a problem and that was the end of it. She didn't make any outgoing effort to have the place inspected and she never offered to have it fixed after that.
 
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You disagree with their bill.
They disagree with you.
Your only option is to go to small claims.
It ain't fast, and its rarely satisfying.
Good luck.

I disagree with part of their bill, but I more so disagree with the fact that it seems like they are just throwing out charges and hoping that I pay out my teeth. It legitimately feels like they are just waiting for me to say "screw it, I don't want to hassle with the courts" and pay for their damn remodel. I felt like they were going to do this to me ever since that lady told me she was remodeling the rest of the place. She even told me I could keep the damn microwave if I wanted "it was junk and it was going to get thrown out anyways." If that's her attitude towards her appliances, I can't imagine why she would expect me to be obligated for carpeting that was duly noted to be depreciated in the original contract for any other motive than greed. Thanks for the good wishes... I'll definitely need luck dealing with creeps like this.
 
Also, I don't know if it matters or not, but they took the $250 initial deposit and the $400 pet deposit that I threw down when I got my pup. So, really I have already paid for my half of the carpet and the half of December they say that I am responsible for...

I also just realized I forgot to note that they took the deposit without notifying me first. If that matters
 
I disagree with part of their bill, but I more so disagree with the fact that it seems like they are just throwing out charges and hoping that I pay out my teeth. It legitimately feels like they are just waiting for me to say "screw it, I don't want to hassle with the courts" and pay for their damn remodel. I felt like they were going to do this to me ever since that lady told me she was remodeling the rest of the place. She even told me I could keep the damn microwave if I wanted "it was junk and it was going to get thrown out anyways." If that's her attitude towards her appliances, I can't imagine why she would expect me to be obligated for carpeting that was duly noted to be depreciated in the original contract for any other motive than greed. Thanks for the good wishes... I'll definitely need luck dealing with creeps like this.

This is what YOUR state says about returning security deposits:

http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml
 
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