Hi, I will try to keep this post as short and to the point as possible, but there are several key facts here so please bear with me.
Last year three roommates and I moved into university owned apartments (there are apartments, not dorms but are still owned by the university) in California. Before moving in, we were required to pay last months rent but no security deposit. We also had an initial walk-through in which we noted any previous damages to the apartment before we moved in, and turned this into the university.
Upon the end of our year-long lease, I had asked the manager to send me an detailed invoice of the charges, since I did not want to be unfairly charged for any of my roommates' damages and I could not be there for the move-out inspection due to work.
The manager called me nearly four weeks after we had moved to verify that the original address I left was correct, and I returned her call the next day. I received the statement of damages a full month after we had moved out, and charges were as listed: painting $525, carpet: $75, parts: $2.47. They did not include copies of the invoice for the $525 painting as required by CA law.
I sent a certified letter a couple weeks later stating that we would not be responsible for the charges, since the California Civil Code states that landlords must send the bill within 21 calendar days.
Less than a week after receiving my letter, the university took the entire $602.47 from my financial aid. When I met with the housing administration, they tried to claim that the law did not apply since we did not pay a security deposit - what they fail to realize is that the law says "security" and defines this as including any prepayment of rent.
Another concern of mine is that the painting charges were so high. The apartment did not have new paint when we moved in, nor did we leave the place damaged. One of the administrators looked at the pictures of the apartment before they painted, and agreed that the painting charges seemed to be too much.
My most recent response from the university is that since our prepayment of last month's rent was in fact used to pay our last month's rent, and there was no balance in our "account" that the late bill they sent was still valid.
My questions:
1. Even though there was no security deposit to be returned, does the 21 day rule still apply?
2. Is the university correct that since the last month's rent was used up that the late bill was still valid?
3. Since the university did not supply a receipt for the painting charges, are these valid charges?
4. Should I seek legal assistance, even though it is only for $602? Or should I try to work with the university's Office of Ombudsman?
5. Also, I suspect that this has happened with hundreds of other students and my boyfriend says I may be able to start a class action lawsuit. Is he right?
Last year three roommates and I moved into university owned apartments (there are apartments, not dorms but are still owned by the university) in California. Before moving in, we were required to pay last months rent but no security deposit. We also had an initial walk-through in which we noted any previous damages to the apartment before we moved in, and turned this into the university.
Upon the end of our year-long lease, I had asked the manager to send me an detailed invoice of the charges, since I did not want to be unfairly charged for any of my roommates' damages and I could not be there for the move-out inspection due to work.
The manager called me nearly four weeks after we had moved to verify that the original address I left was correct, and I returned her call the next day. I received the statement of damages a full month after we had moved out, and charges were as listed: painting $525, carpet: $75, parts: $2.47. They did not include copies of the invoice for the $525 painting as required by CA law.
I sent a certified letter a couple weeks later stating that we would not be responsible for the charges, since the California Civil Code states that landlords must send the bill within 21 calendar days.
Less than a week after receiving my letter, the university took the entire $602.47 from my financial aid. When I met with the housing administration, they tried to claim that the law did not apply since we did not pay a security deposit - what they fail to realize is that the law says "security" and defines this as including any prepayment of rent.
Another concern of mine is that the painting charges were so high. The apartment did not have new paint when we moved in, nor did we leave the place damaged. One of the administrators looked at the pictures of the apartment before they painted, and agreed that the painting charges seemed to be too much.
My most recent response from the university is that since our prepayment of last month's rent was in fact used to pay our last month's rent, and there was no balance in our "account" that the late bill they sent was still valid.
My questions:
1. Even though there was no security deposit to be returned, does the 21 day rule still apply?
2. Is the university correct that since the last month's rent was used up that the late bill was still valid?
3. Since the university did not supply a receipt for the painting charges, are these valid charges?
4. Should I seek legal assistance, even though it is only for $602? Or should I try to work with the university's Office of Ombudsman?
5. Also, I suspect that this has happened with hundreds of other students and my boyfriend says I may be able to start a class action lawsuit. Is he right?
