I call him: Hugo Chavez
http://news.yahoo.com/s/ap/20070501/ap_o鈥?/a>
CARACAS, Venezuela - President Hugo Chavez's government took over Venezuela's last privately run oil fields on Tuesday, intensifying a struggle with international firms over the development of the world's largest known petroleum deposit.|||1. We are not talking about Bush. Just because you cant defend Chavez, you try to change the topic. The topic is Chavez. Ill be the 1st to say Bush has screwed a lot of things up, but we are discussing Chavez.
2. Chavez is a douche.
3. Socialism never works, and here is this "free system" stifling economic freedoms.|||George W. Bush|||Slimy.|||Hilary|||Don't forget Dick!|||Sounds like their learning by example.|||Otherwise it'd be in Halliburton's hands. Geez, they aren't greedy.|||The entire Bush administration.|||I am a fared its there country and the can do what they want and if there people don't complain what can we do. And if we wanted to we have just a much oil in Alaska that they have we can drill because the libel will complain about the wild live thank you !!!|||GWB my friend..right in our own back yard!|||Thanks to Jimmy Carter and his OK on the rigged elections, we have another dictator to thank him for, Jimmy never met a dictator he didn't like.
He should have started pounding nails earlier in his life and keep his anti American comments to himself.
Thursday, December 15, 2011
Can my grandma get back her deposit for an apartment if she decided not to rent the place anymore?
My grandma put in deposit for an apartment, she was suppose to move in but the manager did not finish fixing the place so the move in date was push back. During that time, another complex for low incomes had a vacant apartment and gave her the offer. The rent was cheaper and the place was better so she decided to take this one instead. She did call and tell the manager of the place she deposit to rent the place out. Can she get back all or part of her deposits?|||She could call fair housing and ask them or you could call for her.
I think because the apartment was not ready in time for her move in date and she was forced to find another place to live because of it she is indeed intitled to a full refund of her deposit.
The landlords here in California are the most calloused of them all and are very cutthroat and not to be trusted.
Especially the ones in the Bay Area where I live.
You have to know your rights or you don't have any it's as simple as that.
So call fair housing and find out what you can do about it and I hope everything works out for the best for you.|||Do you understand that often times the law is not black and white? There is a fair amount of reasoning that comes into play. Given ONLY what you described in the case above, I personally would say no, your grandma is stuck! Here's my thinking:
She entered into a good-faith agreement. HAD the apartment manager fixed the place on time, your grandma would have been in the apartment at the time the other one came along. You can see that she could not have just up and moved to the new apartment, right? But you say, "Wait! She never moved in. The repairs delayed the move-in date, which opened up this can of worms."
Okay, reading between the lines I can see that at THE MOMENT when it was determined that the repairs were causing a delay, your grandma still wanted the apartment. Sure, maybe she was disappointed that her move was delayed. Maybe she was even irritated by the thought, what's taking so long? But she did NOT try to get out of her contract right then. That's huge! At that moment, it was NOT the repairs that made her want out of the contract. So, in effect, she entered into a NEW contract when she agreed to the delay to her moving in. THEN this better deal came along and she began to have buyer's remorse. I don't see how a court would say that because she changed her mind (in the face of a better deal) that she suddenly should get her money back. I certainly wouldn't rule that way!
But ... judges and jurors are people, just like me. So, nothing surprises me that they might rule.|||Hello,my name is Don. i am not a legal adviser ,but do have ( limited )0 knowledge of deposits on property.
Much will depend upon the actual wording ,(nd there ought to be a written contract ), and it is this that would detemine the "get out" terms . Should your granma have signed a " no refund " lease,then she must wave her deposit goodbye ,but
should she have a two sided agreement as that either party could opt out ,then the agent ? owner of the property would be able to retain such monies as would be necessary to re-advertise the property. However ,there may be get out of jail free here . The given date for your granma to take posession was not met,and were your granma " homeless" ,and had thought that after finding a suitable " roof over her head",she now had lost faith in the agent / owner ,it would be reasonable for her to seek alternative housing. She COULD possibly have a case not only to get her deposit returned ,but could have cause to seek financial assistance from the agent / owner /person letting the property,in order for her now financial needs in finding another property. Traumatisation could be a factor should she have to resort to court action against her being let down. A LAST RESORT HOWEVER AS IT COULD GO HORRIBLY WRONG. All best Don|||I think she can get all of it. If the original one was not ready when promised, I suspect a person has a right to find somewhere to live. If he tries to keep her deposit, take him to small claims, and make sure to ask for the filing fees!|||She should get all of her deposit back because she never lived in it and the manager didn't even have it ready in the first place to rent out. If he does not give her back her deposit she may have to take him to small claims court.
I think because the apartment was not ready in time for her move in date and she was forced to find another place to live because of it she is indeed intitled to a full refund of her deposit.
The landlords here in California are the most calloused of them all and are very cutthroat and not to be trusted.
Especially the ones in the Bay Area where I live.
You have to know your rights or you don't have any it's as simple as that.
So call fair housing and find out what you can do about it and I hope everything works out for the best for you.|||Do you understand that often times the law is not black and white? There is a fair amount of reasoning that comes into play. Given ONLY what you described in the case above, I personally would say no, your grandma is stuck! Here's my thinking:
She entered into a good-faith agreement. HAD the apartment manager fixed the place on time, your grandma would have been in the apartment at the time the other one came along. You can see that she could not have just up and moved to the new apartment, right? But you say, "Wait! She never moved in. The repairs delayed the move-in date, which opened up this can of worms."
Okay, reading between the lines I can see that at THE MOMENT when it was determined that the repairs were causing a delay, your grandma still wanted the apartment. Sure, maybe she was disappointed that her move was delayed. Maybe she was even irritated by the thought, what's taking so long? But she did NOT try to get out of her contract right then. That's huge! At that moment, it was NOT the repairs that made her want out of the contract. So, in effect, she entered into a NEW contract when she agreed to the delay to her moving in. THEN this better deal came along and she began to have buyer's remorse. I don't see how a court would say that because she changed her mind (in the face of a better deal) that she suddenly should get her money back. I certainly wouldn't rule that way!
But ... judges and jurors are people, just like me. So, nothing surprises me that they might rule.|||Hello,my name is Don. i am not a legal adviser ,but do have ( limited )0 knowledge of deposits on property.
Much will depend upon the actual wording ,(nd there ought to be a written contract ), and it is this that would detemine the "get out" terms . Should your granma have signed a " no refund " lease,then she must wave her deposit goodbye ,but
should she have a two sided agreement as that either party could opt out ,then the agent ? owner of the property would be able to retain such monies as would be necessary to re-advertise the property. However ,there may be get out of jail free here . The given date for your granma to take posession was not met,and were your granma " homeless" ,and had thought that after finding a suitable " roof over her head",she now had lost faith in the agent / owner ,it would be reasonable for her to seek alternative housing. She COULD possibly have a case not only to get her deposit returned ,but could have cause to seek financial assistance from the agent / owner /person letting the property,in order for her now financial needs in finding another property. Traumatisation could be a factor should she have to resort to court action against her being let down. A LAST RESORT HOWEVER AS IT COULD GO HORRIBLY WRONG. All best Don|||I think she can get all of it. If the original one was not ready when promised, I suspect a person has a right to find somewhere to live. If he tries to keep her deposit, take him to small claims, and make sure to ask for the filing fees!|||She should get all of her deposit back because she never lived in it and the manager didn't even have it ready in the first place to rent out. If he does not give her back her deposit she may have to take him to small claims court.
Is it right for a home improvements company to cold call elderly people, say they are in the area, and make an?
appointment to call around to see if any work needs doing. Two men turn up, wearing gold chains, give a quote of 拢4000 for a leaking roof, where someone tried previously to steal the lead, then use the residents phone to see if they can reduce the price from their boss, finally bringing it down to 拢2500, taking 拢300 cash deposit as it was all she had....they originally wanted 拢700.|||Cold Calling is legal but is a very stinky and nasty practice. If there are a suspected pair of scammers doing the rounds in your area then please call the police and give them as much information as you can.
The description, colour, make, model and reg number of their van will help. Also the dates and times of their calls if you can gather this Information.
The "call to the boss" is very suspicious indeed. It is likely that it was a fake call to a premium rate number that will show up as an expensive item on the victim's phone bill. It is worth checking the bill for the number that was called and getting the police to investigate it. This is something which may lead them to the scum bags.
If they really are crooks then they'll be stopped. But in the very unlikely event that these people are genuine builders they will not mind being investigated and proven to be honest traders.|||I live in such a community. There are scammers like this coming to our door quite often. Our local news letter constantly has warnings about these scammers! Run these people off! They are up to no good!
Case in point: Our neighbor across the street had a new roof put on her house. About 8 months after she had it installed, some dude came to her door and said he could spray a sealant on her roof that would keep it from leaking. She is an 80 year old lady who lives by herself. She paid this guy $2,000 USD to spray something on her roof that caused the asphalt shingles to buckle up over the first summer. Her new roof is totally ruined.
Your friend should not have them work on the leak, but rather she should contact a totally different company and have them do the work if it is really needed. These guys are scammers! Once they get her money, they are either going to disappear or bleed her to death of her cash to get the job finished!|||My approach is to tell such scammers that the garden hose is 10 feet away, and has about a 40 foot range. Then I let the township know that they are in the neighborhood - it is illegal without a solicitor's license, something only legitimate contractors (who would never take this approach) would get.
Twice, I have run into a stubborn sales person - and had the wonderful opportunity to dampen his ardor whilst he was still on the property.|||There are loads of little pensioner's houses in our area and us neighbours have warned them all never, ever, talk to workmen or salesmen at the door. Just say, 'No, thank you, I'm not interested ', and close the door.|||sounds like another person or group taking Advantage. Elder abuse of all types happen. Call then and ask for the money back. Call the police and see if these people are lic.
good luck,|||This is a con and is one that is regularly played on the elderly - contact the police right away.|||No, it's a scam.
Don't Get Done, Get Dom / Rogue Traders / Watchdog.|||It's a scam. Tell the police, they need to be aware.
The description, colour, make, model and reg number of their van will help. Also the dates and times of their calls if you can gather this Information.
The "call to the boss" is very suspicious indeed. It is likely that it was a fake call to a premium rate number that will show up as an expensive item on the victim's phone bill. It is worth checking the bill for the number that was called and getting the police to investigate it. This is something which may lead them to the scum bags.
If they really are crooks then they'll be stopped. But in the very unlikely event that these people are genuine builders they will not mind being investigated and proven to be honest traders.|||I live in such a community. There are scammers like this coming to our door quite often. Our local news letter constantly has warnings about these scammers! Run these people off! They are up to no good!
Case in point: Our neighbor across the street had a new roof put on her house. About 8 months after she had it installed, some dude came to her door and said he could spray a sealant on her roof that would keep it from leaking. She is an 80 year old lady who lives by herself. She paid this guy $2,000 USD to spray something on her roof that caused the asphalt shingles to buckle up over the first summer. Her new roof is totally ruined.
Your friend should not have them work on the leak, but rather she should contact a totally different company and have them do the work if it is really needed. These guys are scammers! Once they get her money, they are either going to disappear or bleed her to death of her cash to get the job finished!|||My approach is to tell such scammers that the garden hose is 10 feet away, and has about a 40 foot range. Then I let the township know that they are in the neighborhood - it is illegal without a solicitor's license, something only legitimate contractors (who would never take this approach) would get.
Twice, I have run into a stubborn sales person - and had the wonderful opportunity to dampen his ardor whilst he was still on the property.|||There are loads of little pensioner's houses in our area and us neighbours have warned them all never, ever, talk to workmen or salesmen at the door. Just say, 'No, thank you, I'm not interested ', and close the door.|||sounds like another person or group taking Advantage. Elder abuse of all types happen. Call then and ask for the money back. Call the police and see if these people are lic.
good luck,|||This is a con and is one that is regularly played on the elderly - contact the police right away.|||No, it's a scam.
Don't Get Done, Get Dom / Rogue Traders / Watchdog.|||It's a scam. Tell the police, they need to be aware.
What is the maximum amount of time that a UK landlord can take to repay a security deposit on a flat?
I live in London and moved out of my flat almost a month ago. The landlord -- and the completely incompetent lettings agency called Inzo -- still have not returned my deposit. Furthermore, they are coming up with excuses to delay the return of the deposit. What is the maximum amount of time I have to wait before I seek a legal solution?|||I think you need attorney to explain the British laws which are different from American. I'm study words from British terms and very helpful!
What do you do when your landlord doesnt return your security deposit?
We relocated from CA to GA in February. When I called my landlord in march, he mentioned that he had to replace the carpet in the whole apartment which cost him $1500 (our deposit was 1150). I have since tried calling him but he never returns my calls.
The carpet needed replacing even before we moved in, so I dont believe we need to pay for it (or atleast the whole amount). Also I had requested for him to do a walkthrough of the apartment before we left and he said he never does that with any of his apartments. I researched CA rental law, and sent my landlord a detailed letter outlining my concerns, the law and the procedure for not refunding a security deposit (none of which he followed.)
I received the letter back yesterday as unclaimed? How do I proceed now.|||According to CA law the landlord has 21 days in which to either return your deposit or provide you with an itemized accounting of the way in which your deposit was used. If the landlord uses any of the deposit then he must provide you with copies of all invoices and bills at the time that he gives you the itemized accounting.
If the landlord fails to return your deposit or provide the itemized accounting of your deposit within 21 days then you must make a written demand for it. Since you sent one letter already, I suggest that you send another letter demanding the return of your full security deposit immediately. Send two copies of the letter--one by regular mail and one by certified mail, return receipt requested. If he does not accept the certified letter but the one mailed by regular mail is not returned then it is assumed by a court that the one sent by regular mail was received.
If he still doesn't return the deposit after your written demand, file a lawsuit in small claims court. You can file the claim by mail. If the judge determines that the landlord acted in bad faith you could be awarded 2x the amount that was wrongfully withheld. Since your deposit was $1150 a judge could award you $2300. This might be worth taking a trip to CA for a day or two for the trial.
Good luck!|||CHECK WITH YOUR LOCAL ORDINANCES OF WHERE YOU LIVE ,THEY MAY NOT HAVE TO IF YOUR CONTRACT STIPULATE YOU HAVE TO REPAY FOR REPAIRS|||Hello,
I am not a legal expert but I found myself in a similar situation and did extensive research on the subject. Your landlord is required to give you a written detail of the deductions from your security deposit within 30 days. If he fails to do so he forfeits any right to keep any portion of your deposit.
I believe that your recourse is in small claims court. Before filing a suit against him I would request written documentation of when the carpet was last replaced. Your case will probably be a simple one if he cannot prove the age of the carpet or if it is old or if he has not followed the law.
I hope that it all works out for you.
-God Bless|||The jerk knows you're out of state so he's being a creep. CA law says he has 30 days to give you your deposit OR a detailed list as to why. CA also says that if the carpet is more than 3 years old, he can't charge you to replace it.
You should ALWAYS insist on both a pre-move and post-move walk through AND document it with pictures. I usually take pictures with the landlord standing there so he knows I have them (and I take more without him).
Unfortunately I think (not sure) you have to file in CA smalll claims court. You might be able to file in GA since that is where you now reside but I think the law says "where it happened" which would put you back into the local courts.
You can pay a CA lawyer to get this started for you. Have the lawyer start with a letter that adds that you will be suing to include legal costs since he is clearly taking advantage of the fact you left the state.
You could have a friend back in CA send you the appropriate papers to file yourself in CA (mail them back to the friend to file with the court) and only fly back for the hearing. This you could do without a lawyer.
Do you have any evidence of the condition of the apt both before and after?|||It sounds like you did your homework when you researched CA rental law and you were considerate enough to contact your landlord outlining your concerns, the law and procedures. There should also be a procedure in the CA rental law and the law itself for you to follow when you have a landlord who is not willing to even acknowledge you or return your money. Check out the procedure and if you are unable to find it, speak to a law enforcement agency, they will network you to who or what is available for you to follow. That landlord is still around, he chooses not to acknowledge you. Sounds like this isn't the first time he has done this. Good Luck|||go right away to small claims court and file against the landlord. usually within two weeks you'll be before the judge and if the landlord doesn't show. the judgement could go to you with a order to pay. if he does show up, then the judge could order mediation which you will go to another room with a mediator. if you can't resolve it, then you go back to the judge right away and he makes the ruling. go to your county courthouse and get the forms. most will have on the forms everything you will have to do and from the sound of it, the landlord might have a history of ripping people off. check with the state horel and resturant board. they license landlords to rent. check your local bbb to see if other complaints have been filed against this landlord. in small claims, you don't need any attorneys, but you can use one. if you have a friend that is one, take your case to them and if they take it, they can ask for their fees in addition. you should also have a local bar association that helps people out with situations like yours for little or no money. good luck!|||http://www.megalaw.com/ca/top/calandlord鈥?/a> (has a pop up...don't click on it after it pops up)
http://www.dca.ca.gov/legal/landlordbook鈥?/a> (Government site)
http://www.calawnet.com/tenancy.html...
He is going to have to prove that the carpet was fine before you moved in. Since he with held the $$, the burden of proof is on him. Check the sites for reporting him.
Send him the letter again, registered. Save the original envelope, though.|||First decide whether you really think it is going to be worth your while.
Do you have photographs of the carpet and the apartment as you left it? Without documentation, you likely have no leg to stand on.
In many areas he would have been obligated to refund your deposit or to send you a letter itemizing the expenses deducted from it within thirty days. It seems that he is not inclined to do business on the "up and up" so be prepared for further antics.
Replacing carpet due to "fair wear and tear" is a cost of your landlord maintaining his rental property, but if you left it significantly stained or damaged, you may be liable. $1500 seems rather high, but I am not in the California market, and I do not know the quality of the carpet or the square footage of the carpeted area.
Send your letter again, but send it certified, return receipt. You may need to file in small claims court. Due to your cross country move, this may end up costing you more than you can hope to regain, due to travel and time requirements.
You could consider trying to have your case heard on one of those televised judge shows. I know they are frightful, but.... They pay for your travel, and pay the judgement. It could be a less expensive "way out" for both parties.|||Don't play his game. File a claim against him. He only has so much time to respond or he can be charged 2-3 X the amount of the security he owes you. You need to send him a certified letter requesting the refund. Find the law on how long he has to answer, if no answer in the allotted amount of time SUE him.
In the certified letter make sure you send the same one you sent him that he sent back and get it notarized and save 2 copies of it!
Remember the law of normal wear and tear! He's a crook and A lot of landlords are when it comes to the deposit. They will try just about anything to keep your monies!
A lot of states have news reporters that love to embarrass the hell out of the crooks,we have news 9 on your side where they investigate such things and bring these crooks to the attention of the public. It's a good possibility you could consider.|||=== well you're in one of those pesky if/or situations. you're out of state and across the country, which is why this guy pulled this. you can and should take him to small claims court, IF you're willing to return to Ca for trial, OR if you're willing to pay for an attorney, which will take the whole $1150.|||You can take him to small claims court, but you will have to do it in CA. You need to decide if the cost of taking him to court is worth what you might get out of it.|||I have the experience which is very recent and my land lord refused to give me back the security deposit.He is a Union man,and takes the plea that I have done this damage that damage to the building I was staying.In my lease agreement it was clearly mentioned I must give 2 months rent as security deposit.Now office is out of picture.I believe only a mutual negotiation can solve the matter.And I have askedhim to return my money.Now let me see how much time he takes.Legally there is recourse,but again it will not serve any purpose simply because it is lengthy process and I can not equally afford to just fight other than asking my money..But five years back when I was in another place in another city,the lease deed and notice of lawyer worked fine.|||you should find a good lawyer who is well versed in CA laws, he could tell you more than i can, but i am pretty sure that if he can show evidence that YOU are to blame for the carpet needing replacing, you don't have a case, but if you happen to have photos that can show the condition of the carpet both shortly after you moved in and shortly after or immediately after you moved out, you have a case|||take him to court|||We had a similar problem but not due to the carpet. Ours was about a second floor tub. Our tub leaked, and went into our kitchen, 3 days after we moved in. So about a month before we left the apartment (we lived there a year) they finally sent someone in to fix it. But the person who fixed it had steel toed boots and kept flicking the tiles into the tub. The management said we would have to pay 700 dollars extra for a new tub.
We wrote back, and told them that we would report them to the BBB (Better Business Bureau) for having us pay for something their hired help destroyed. We told them we had pictures to prove of the damage. They dropped the charges and we never heard anything else about it because they knew they were wrong.
Now in your case, you had a 1150 deposit but replaceing the old carpet that you moved in with was 1500, he can not charge you because most likely he had already charged the last tenant. If he didn't, that is his fault and his loss, because he can not charge you for something you didn't have control over. Talk to the BBB about it since he didn't claim the letter. Tell them the apartment you lived in, owners name, your name, the dates you lived there, any pictures that you have with the carpet...(this really helps your case) and exactly what went down. Include your rent, the deposit and how much of the repairs it would have been for a new carpet. Don't let that person steal from you! Take control. Talk to the BBB! They can be found at this website http://www.bbb.org/. I have personally not been at this site because we had the matter resolved before we went there, but since your's is not resolved Id look at all the possible options you have on this site. I really hope this helps and I hope you get your money back.|||If you have his address you should take him to small claims court and get a judgement against him
The carpet needed replacing even before we moved in, so I dont believe we need to pay for it (or atleast the whole amount). Also I had requested for him to do a walkthrough of the apartment before we left and he said he never does that with any of his apartments. I researched CA rental law, and sent my landlord a detailed letter outlining my concerns, the law and the procedure for not refunding a security deposit (none of which he followed.)
I received the letter back yesterday as unclaimed? How do I proceed now.|||According to CA law the landlord has 21 days in which to either return your deposit or provide you with an itemized accounting of the way in which your deposit was used. If the landlord uses any of the deposit then he must provide you with copies of all invoices and bills at the time that he gives you the itemized accounting.
If the landlord fails to return your deposit or provide the itemized accounting of your deposit within 21 days then you must make a written demand for it. Since you sent one letter already, I suggest that you send another letter demanding the return of your full security deposit immediately. Send two copies of the letter--one by regular mail and one by certified mail, return receipt requested. If he does not accept the certified letter but the one mailed by regular mail is not returned then it is assumed by a court that the one sent by regular mail was received.
If he still doesn't return the deposit after your written demand, file a lawsuit in small claims court. You can file the claim by mail. If the judge determines that the landlord acted in bad faith you could be awarded 2x the amount that was wrongfully withheld. Since your deposit was $1150 a judge could award you $2300. This might be worth taking a trip to CA for a day or two for the trial.
Good luck!|||CHECK WITH YOUR LOCAL ORDINANCES OF WHERE YOU LIVE ,THEY MAY NOT HAVE TO IF YOUR CONTRACT STIPULATE YOU HAVE TO REPAY FOR REPAIRS|||Hello,
I am not a legal expert but I found myself in a similar situation and did extensive research on the subject. Your landlord is required to give you a written detail of the deductions from your security deposit within 30 days. If he fails to do so he forfeits any right to keep any portion of your deposit.
I believe that your recourse is in small claims court. Before filing a suit against him I would request written documentation of when the carpet was last replaced. Your case will probably be a simple one if he cannot prove the age of the carpet or if it is old or if he has not followed the law.
I hope that it all works out for you.
-God Bless|||The jerk knows you're out of state so he's being a creep. CA law says he has 30 days to give you your deposit OR a detailed list as to why. CA also says that if the carpet is more than 3 years old, he can't charge you to replace it.
You should ALWAYS insist on both a pre-move and post-move walk through AND document it with pictures. I usually take pictures with the landlord standing there so he knows I have them (and I take more without him).
Unfortunately I think (not sure) you have to file in CA smalll claims court. You might be able to file in GA since that is where you now reside but I think the law says "where it happened" which would put you back into the local courts.
You can pay a CA lawyer to get this started for you. Have the lawyer start with a letter that adds that you will be suing to include legal costs since he is clearly taking advantage of the fact you left the state.
You could have a friend back in CA send you the appropriate papers to file yourself in CA (mail them back to the friend to file with the court) and only fly back for the hearing. This you could do without a lawyer.
Do you have any evidence of the condition of the apt both before and after?|||It sounds like you did your homework when you researched CA rental law and you were considerate enough to contact your landlord outlining your concerns, the law and procedures. There should also be a procedure in the CA rental law and the law itself for you to follow when you have a landlord who is not willing to even acknowledge you or return your money. Check out the procedure and if you are unable to find it, speak to a law enforcement agency, they will network you to who or what is available for you to follow. That landlord is still around, he chooses not to acknowledge you. Sounds like this isn't the first time he has done this. Good Luck|||go right away to small claims court and file against the landlord. usually within two weeks you'll be before the judge and if the landlord doesn't show. the judgement could go to you with a order to pay. if he does show up, then the judge could order mediation which you will go to another room with a mediator. if you can't resolve it, then you go back to the judge right away and he makes the ruling. go to your county courthouse and get the forms. most will have on the forms everything you will have to do and from the sound of it, the landlord might have a history of ripping people off. check with the state horel and resturant board. they license landlords to rent. check your local bbb to see if other complaints have been filed against this landlord. in small claims, you don't need any attorneys, but you can use one. if you have a friend that is one, take your case to them and if they take it, they can ask for their fees in addition. you should also have a local bar association that helps people out with situations like yours for little or no money. good luck!|||http://www.megalaw.com/ca/top/calandlord鈥?/a> (has a pop up...don't click on it after it pops up)
http://www.dca.ca.gov/legal/landlordbook鈥?/a> (Government site)
http://www.calawnet.com/tenancy.html...
He is going to have to prove that the carpet was fine before you moved in. Since he with held the $$, the burden of proof is on him. Check the sites for reporting him.
Send him the letter again, registered. Save the original envelope, though.|||First decide whether you really think it is going to be worth your while.
Do you have photographs of the carpet and the apartment as you left it? Without documentation, you likely have no leg to stand on.
In many areas he would have been obligated to refund your deposit or to send you a letter itemizing the expenses deducted from it within thirty days. It seems that he is not inclined to do business on the "up and up" so be prepared for further antics.
Replacing carpet due to "fair wear and tear" is a cost of your landlord maintaining his rental property, but if you left it significantly stained or damaged, you may be liable. $1500 seems rather high, but I am not in the California market, and I do not know the quality of the carpet or the square footage of the carpeted area.
Send your letter again, but send it certified, return receipt. You may need to file in small claims court. Due to your cross country move, this may end up costing you more than you can hope to regain, due to travel and time requirements.
You could consider trying to have your case heard on one of those televised judge shows. I know they are frightful, but.... They pay for your travel, and pay the judgement. It could be a less expensive "way out" for both parties.|||Don't play his game. File a claim against him. He only has so much time to respond or he can be charged 2-3 X the amount of the security he owes you. You need to send him a certified letter requesting the refund. Find the law on how long he has to answer, if no answer in the allotted amount of time SUE him.
In the certified letter make sure you send the same one you sent him that he sent back and get it notarized and save 2 copies of it!
Remember the law of normal wear and tear! He's a crook and A lot of landlords are when it comes to the deposit. They will try just about anything to keep your monies!
A lot of states have news reporters that love to embarrass the hell out of the crooks,we have news 9 on your side where they investigate such things and bring these crooks to the attention of the public. It's a good possibility you could consider.|||=== well you're in one of those pesky if/or situations. you're out of state and across the country, which is why this guy pulled this. you can and should take him to small claims court, IF you're willing to return to Ca for trial, OR if you're willing to pay for an attorney, which will take the whole $1150.|||You can take him to small claims court, but you will have to do it in CA. You need to decide if the cost of taking him to court is worth what you might get out of it.|||I have the experience which is very recent and my land lord refused to give me back the security deposit.He is a Union man,and takes the plea that I have done this damage that damage to the building I was staying.In my lease agreement it was clearly mentioned I must give 2 months rent as security deposit.Now office is out of picture.I believe only a mutual negotiation can solve the matter.And I have askedhim to return my money.Now let me see how much time he takes.Legally there is recourse,but again it will not serve any purpose simply because it is lengthy process and I can not equally afford to just fight other than asking my money..But five years back when I was in another place in another city,the lease deed and notice of lawyer worked fine.|||you should find a good lawyer who is well versed in CA laws, he could tell you more than i can, but i am pretty sure that if he can show evidence that YOU are to blame for the carpet needing replacing, you don't have a case, but if you happen to have photos that can show the condition of the carpet both shortly after you moved in and shortly after or immediately after you moved out, you have a case|||take him to court|||We had a similar problem but not due to the carpet. Ours was about a second floor tub. Our tub leaked, and went into our kitchen, 3 days after we moved in. So about a month before we left the apartment (we lived there a year) they finally sent someone in to fix it. But the person who fixed it had steel toed boots and kept flicking the tiles into the tub. The management said we would have to pay 700 dollars extra for a new tub.
We wrote back, and told them that we would report them to the BBB (Better Business Bureau) for having us pay for something their hired help destroyed. We told them we had pictures to prove of the damage. They dropped the charges and we never heard anything else about it because they knew they were wrong.
Now in your case, you had a 1150 deposit but replaceing the old carpet that you moved in with was 1500, he can not charge you because most likely he had already charged the last tenant. If he didn't, that is his fault and his loss, because he can not charge you for something you didn't have control over. Talk to the BBB about it since he didn't claim the letter. Tell them the apartment you lived in, owners name, your name, the dates you lived there, any pictures that you have with the carpet...(this really helps your case) and exactly what went down. Include your rent, the deposit and how much of the repairs it would have been for a new carpet. Don't let that person steal from you! Take control. Talk to the BBB! They can be found at this website http://www.bbb.org/. I have personally not been at this site because we had the matter resolved before we went there, but since your's is not resolved Id look at all the possible options you have on this site. I really hope this helps and I hope you get your money back.|||If you have his address you should take him to small claims court and get a judgement against him
Where's my refund, says I should receive it by today, what number should I call to see where my refund is?
I filed on the 17th, I got accepted on the 19th, Original dd day 1/30, then 2/3 now 2/10, today is 2/10 and no deposit. It still says Your refund is processing, as long as no errors are found, you should receive your refund by today. What phone number to I call to find out where my refund is? Thanks in advance!|||1-800-829-1040 option 2 then option 3 then just wait and wait and wait.....|||If the date says today then it should be today. Has the dd date changed at all let me know and I can help you. I have been through this before.
Can I get my deposit back if my reason for canceling is bad customer service?
The contract said the deposit is non refundable but the reason I want to cancel is because I didn't get appropriate customer service. I have been blown off by the staff ever since I put down the deposit money and I'm really tired of hearing I'll call you back and never getting a call.
Is there anyway I could get my deposit back? The deposit was for $3,200 and they have not done ANYTHING other then refuse to take my phone calls.|||you agreed to no refund.
otoh, if you think you are not getting what you paid for, small claims court is an option.
I recommend a better argument then "I want my deposit back" - how about "they are breaking the contract by not meeting their obligations A B and C and the only and best remedy is to cancel the contract and refund any remaining funds"?
Be prepared to show a careful accounting of "remaining funds" and be prepared to argue why their accounting is incorrect.
Then maybe you will get something.|||If you have a friend who is a lawyer ask for a sheet of his stationary and write a letter with his knowledge,of course asking for a response. Otherwise you should get a lawyer and have him take a shot at it. You may only get half back after paying the lawyer but the company doesn't' deserve it and lawyers need to eat to. You will also have to prove that you didn't recieve the expected service and that you tried to remedy the situation. Document everything.
Is there anyway I could get my deposit back? The deposit was for $3,200 and they have not done ANYTHING other then refuse to take my phone calls.|||you agreed to no refund.
otoh, if you think you are not getting what you paid for, small claims court is an option.
I recommend a better argument then "I want my deposit back" - how about "they are breaking the contract by not meeting their obligations A B and C and the only and best remedy is to cancel the contract and refund any remaining funds"?
Be prepared to show a careful accounting of "remaining funds" and be prepared to argue why their accounting is incorrect.
Then maybe you will get something.|||If you have a friend who is a lawyer ask for a sheet of his stationary and write a letter with his knowledge,of course asking for a response. Otherwise you should get a lawyer and have him take a shot at it. You may only get half back after paying the lawyer but the company doesn't' deserve it and lawyers need to eat to. You will also have to prove that you didn't recieve the expected service and that you tried to remedy the situation. Document everything.
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