436 North Claremont
436 North Claremont,
San Mateo,
CA
94401
650-345-9036 save favorite
650-345-9036 save favorite
AVERAGE RATING
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Illegal deductions when vacating
From: okayjoseDate posted: 10/23/2004
Years at this apartment: 2004 - 2004
Co-Owner kept $150 illegally when I vacated the apartment. He did not comply with the law because he did not do a "move in" inspection nor a final inspection when I vacated the apartment, even though I requested that one be done. He said he did not have time and later claimed that because I had furniture that he could not have done it. First, he wrongly assumed I had furniture in, second it does not matter if you have furniture or not. By law, landowners have to do an inspection. Having furniture in is not a factor. This is so that renters have time to fix any problems before leaving. Thus he did not comply with the law. The law states that owners cannot deduct for normal wear and tear. Owners must have an itemized list (detailed) of the exact work done, how much each cost, and if they contracted someone to do the job, a copy of the reciept and their address/phone number. If they do the work themselves, copy of the reciept for materials plus how many hours it took them and cost of labor. This property owner only put "touch up work. $150). Again, he did not comply with the law. He claimed there were nail holes in wall where I hung pictures ("And quite large I should add"). I did not have any pictures.When asked to identify the location of these "large" holes. There was a 3 second silence followed by "I don't know, and Im not changing my decision." there were two pin nail holes that I can remember and that existed before I moved in. The apartment was not painted when I moved in and in fact had to have them touch up some very noticeable scuff marks. Scuff marks are part of normal wear and tear that the law states owners cannot deduct and consider it normal wear and tear. Although you may not experience any problems when moving in, I suggest you avoid getting scammed and move elswhere. $150 may not be such a large amount of money, but its the principal. I don't differentiate between a street person with nothing who steals and someone who has a lot and steals. When someon illegally deducts, this is called stealing. Just because they have property doesn't make it any different from the street person. Any one can look up the law at http://www.dca.ca.gov/legal/landlordbook/checklist.pdf http://www.dca.ca.gov/legal/landlordbook/sec-deposit.htm http://www.dca.ca.gov/legal/landlordbook/appendix5.htm
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