Location: Lake Forest, Orange County, CA
Rental Agreement: Month to month in a condo, $1250 deposit. 30 days notice must be given by either party.
Hello,
I believe I've wrongfully had my deposit taken from for damages that didn't exist or were made up. There are several mistakes my landlord made, and I won't be mentioning all of them, but focusing on my largest concern.
Here is a chronological summary;
1 - Before signing the lease I ask if its ok if I have an aquarium, and I specify that it would be over 40 gallons, and under 100 gallons. The land lord OK's this.
2 - The land lord SEES the aquarium setup in the bathroom, because she had to come over to supervise the installation of new carpet (therefore the aquarium was setup int he bathroom before being moved to where the new carpet was installed).
OK - the land lord has so far OK'ed, and actually seen the aquarium, no problemmo!
3 - 2 months later the landlord personally shows the unit (its actually a land lord team... so it was the wife who was involved thus far). The husband sends me an email that evening giving me 3 days to remove my aquarium.
I reply asking "Why was the aquarium OK'ed in the first place."
His wife(Lise) hops on the email exchanges and admits to "OK'ing" it but not remembering the size."I do recall you mentioning an aquarium, however, I don't recall the size and didn't give it much thought at the time. The situation is that the aquarium, just like any water furniture, poses a definite liability risk for which we are not insured.
I am sorry for the inconvenience, but we need you to empty the aquarium."
The Husband (Greg) then advises me that "had I done my research I would know it an issue with insurance" and bla bla bla. Well, I had done my research and knew this... but expected the land lord wouldn't just absent mindedly "OK" an aquarium.
A few more emails are traded and eventually he states that I need to remove the aquarium or provide proof of insurance..."As stated before, our insurance does not cover such a risk. Unless you were to provide a renters insurance policy that covers this, we need you to drain the aquarium." WELL... I go get insurance and E-mail him a PDF of the policy and hear no more from him.
4 - I get 30 days notice from the management (via an E-mail) soon after (May 3rd) that they are taking the condo off the market, and requiring that we sign a 6 month lease and pay $1750 (a $500 price increase) or vacate the premises.
5 - June 1st rolls around, and my GF and I move out of the place. The room where the aquarium was kept is pristine. The carpet is undamaged, and furniture "imprints" are barely visibile, as I vacuumed them out. No stains, no torn up carpet, nothing. Foolishly... we do not take photos, nor do we realize there should be a checklist the land lord should walk through with us.
6 - June 16th rolls around and there is a deposit deduction for (EDIT; $540) in the master bedroom carpet being replaced, because "Fish tank stand stained carpet - Tenants were told to remove the fish tank". This smacks of; I told you so
7 - I write a certified letter in the mail with return service, etc... requesting invoices and notifying them I am disputing the charges and the landlords never go and pick it up. They tell me they have no access to the post office, and to send things in email. I send it regular mail and finally today get their response. Here is the quote regarding the fish tank;
"The carpet was brand new and installed just prior to your tenancy(actually the day AFTER my tenacy). There was clearly a large stain on the carpet in the master bedroom that matched the rectangular shape of the wood pedestal/stand for your very large water aquarium. The pedestal/stand leached wood stain onto the carpet in an outline of the stand. I am sure the weight of the aquarium contributed to the staining. I also want to remind you that we had previously instructed you to empty the aquarium and you did not comply. We tried cleaning the stain with no success. In addition, we consulted with our property manager and a flooring expert and all indicated that furniture stains of this kind will not come out. The amount that we deducted for the carpeting was only for the master bedroom, not including the closet even though it is a contiguous room/area. Also, we believe the price for the carpet replacement is more than fair, as I have access to wholesale pricing and charged you accordingly.
"
My GF and I stayed at this condo, month to month for exactly 3 months. Prior to this, I had the exact same aquarium in a carpeted master bedroom for 9 months with zero damage. The landlord seems to be rubbing the aquarium in my face, despite the fact i showed proof of insurance via email.
I have been advised to only contact them via US mail, because e-mails can be dismissed in court... should I abide strictly to this?
Without photo's of our move out condition, is all hope lost?
Finally, there are several other cases of the landlord acting questionably... which I thought I might be able to use to paint a portrait of... acting in bad faith? taking advantage of tenants? I'm not really sure what it'd be worth.
Thank you for any advice or help,
~J2
Rental Agreement: Month to month in a condo, $1250 deposit. 30 days notice must be given by either party.
Hello,
I believe I've wrongfully had my deposit taken from for damages that didn't exist or were made up. There are several mistakes my landlord made, and I won't be mentioning all of them, but focusing on my largest concern.
Here is a chronological summary;
1 - Before signing the lease I ask if its ok if I have an aquarium, and I specify that it would be over 40 gallons, and under 100 gallons. The land lord OK's this.
2 - The land lord SEES the aquarium setup in the bathroom, because she had to come over to supervise the installation of new carpet (therefore the aquarium was setup int he bathroom before being moved to where the new carpet was installed).
OK - the land lord has so far OK'ed, and actually seen the aquarium, no problemmo!
3 - 2 months later the landlord personally shows the unit (its actually a land lord team... so it was the wife who was involved thus far). The husband sends me an email that evening giving me 3 days to remove my aquarium.
I reply asking "Why was the aquarium OK'ed in the first place."
His wife(Lise) hops on the email exchanges and admits to "OK'ing" it but not remembering the size."I do recall you mentioning an aquarium, however, I don't recall the size and didn't give it much thought at the time. The situation is that the aquarium, just like any water furniture, poses a definite liability risk for which we are not insured.
I am sorry for the inconvenience, but we need you to empty the aquarium."
The Husband (Greg) then advises me that "had I done my research I would know it an issue with insurance" and bla bla bla. Well, I had done my research and knew this... but expected the land lord wouldn't just absent mindedly "OK" an aquarium.
A few more emails are traded and eventually he states that I need to remove the aquarium or provide proof of insurance..."As stated before, our insurance does not cover such a risk. Unless you were to provide a renters insurance policy that covers this, we need you to drain the aquarium." WELL... I go get insurance and E-mail him a PDF of the policy and hear no more from him.
4 - I get 30 days notice from the management (via an E-mail) soon after (May 3rd) that they are taking the condo off the market, and requiring that we sign a 6 month lease and pay $1750 (a $500 price increase) or vacate the premises.
5 - June 1st rolls around, and my GF and I move out of the place. The room where the aquarium was kept is pristine. The carpet is undamaged, and furniture "imprints" are barely visibile, as I vacuumed them out. No stains, no torn up carpet, nothing. Foolishly... we do not take photos, nor do we realize there should be a checklist the land lord should walk through with us.
6 - June 16th rolls around and there is a deposit deduction for (EDIT; $540) in the master bedroom carpet being replaced, because "Fish tank stand stained carpet - Tenants were told to remove the fish tank". This smacks of; I told you so
7 - I write a certified letter in the mail with return service, etc... requesting invoices and notifying them I am disputing the charges and the landlords never go and pick it up. They tell me they have no access to the post office, and to send things in email. I send it regular mail and finally today get their response. Here is the quote regarding the fish tank;
"The carpet was brand new and installed just prior to your tenancy(actually the day AFTER my tenacy). There was clearly a large stain on the carpet in the master bedroom that matched the rectangular shape of the wood pedestal/stand for your very large water aquarium. The pedestal/stand leached wood stain onto the carpet in an outline of the stand. I am sure the weight of the aquarium contributed to the staining. I also want to remind you that we had previously instructed you to empty the aquarium and you did not comply. We tried cleaning the stain with no success. In addition, we consulted with our property manager and a flooring expert and all indicated that furniture stains of this kind will not come out. The amount that we deducted for the carpeting was only for the master bedroom, not including the closet even though it is a contiguous room/area. Also, we believe the price for the carpet replacement is more than fair, as I have access to wholesale pricing and charged you accordingly.
"
My GF and I stayed at this condo, month to month for exactly 3 months. Prior to this, I had the exact same aquarium in a carpeted master bedroom for 9 months with zero damage. The landlord seems to be rubbing the aquarium in my face, despite the fact i showed proof of insurance via email.
I have been advised to only contact them via US mail, because e-mails can be dismissed in court... should I abide strictly to this?
Without photo's of our move out condition, is all hope lost?
Finally, there are several other cases of the landlord acting questionably... which I thought I might be able to use to paint a portrait of... acting in bad faith? taking advantage of tenants? I'm not really sure what it'd be worth.
Thank you for any advice or help,
~J2
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