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It has been 21 days and Tavia was supposed to have received her security deposit check from her landlord yesterday. Nothing.
Well, today she did receive something. But, it was not a refund check. It was multiple pages itemizing the damages to the house. The landlord says Tavia owes her $15,000!
24 comments:
Now, we are not going to let her get away with this!!!! Tavia is so mad that she couldn't even continue the conversation with me. We cleaned that house spic and span and have pictures to prove it!
Bring 'em on!
Tavia should be in the driver's seat. The landlord is trying to scare Tavia so she will forget the security deposit. This is fraud. The security deposit must be kept in a safe account. It is time to gather all the evidence you can, including pictures. Small claims court is not expensive and very good. You can ask for damages up to $5,000 depending on the evidence. Include all the 100 TrainorPlace responses from a couple months ago to show the judge what kind of landlord you were dealing with. Henry
Yes, anonymous is right. Tavia, we're behind you 100%, and you need to get on top of this situation! The fact that this woman is so brazen shows that she's done this before and gotten away with it, so you be the one to fight back and teach her a lesson!
Just remember to keep records on every single incident, no matter how trivial it seems, so you can show this stuff in court!
Moreover, what puts you in the driver's seat is that it is a lot easier for the tenant (Tavia) to collect a judgement than the landlord. One reason for this is that the judge can put a lien against the landlord's property. If the landlord does not pay up with interest, the judgement can be placed on a subsequent property tax bill, and if the property owner does not pay the property taxes and lien, the property can be sold by the coungty assessor to make sure each party in the lien is reimbursed. Henry
Oh no! I hope Tavia still has the video that Drew took. Can you post the documentation. I want to see what she says Tavia did.
Shavawn
That is good advice Henry. Thank you, I will follow it.
My security deposit was $3,100 so she is claiming that I did $18,100 in damages to her house. Can you believe it?
"Cat scratches" is on the list of damage done.
I thought you guys were going to put the list of "damages" on. We're anxious to see!
In the meantime, what is this woman's address?
okay, okay, I see...you emailed it.
those damages are ridiculous! Tavia was there a year, right? Those are crazy damages and estimates. Porch and walkway! Gimme a break! Even Tavia's imaginary cat did damage.
WHAT IS THE PLAN?
Tavia, you've got to bite the bullet. Do what you have to do. Enough harrassment enough already! Get yourself the best attorney-the best you can find, and go for it!
All that woman would have to do is open her mouth one time in court one time, and the judge would take care of her once and for all. And I bet you he will. Just because she's crazy, does not allow her to act like this.
The funny thing is, she told me that she needed to redo the porch and walkway because the bricks were never right.
She had been out there tinkering with the bricks the last few weeks I was there and told me they had always been messed up.
When I moved in, there wasn't any shelf paper in the kitchen AT ALL. It was dirty and disgusting.
Now she is charging me for removing MY OWN shelf liners.
A lot of good advice, but you don't need a lawyer. The California Superior Court system now handles small claim cases usually on Monday mornings when several are handled within an hour or so.
The judge will need a rental (lease) agreement which established this business agreement in the first place. At least ninety five per cent of disputes are settled by the rental agreement.
The eviction book I bought at the bookstore years ago helped our family through some toughies, but we ignored some of the money owed us because it was too hard to collect. But a lien against a landlord is backed by the real estate property itself. There might also be a $5 book for tenant relief.
The next problem we had was evicting two tenants in adjacent rentals who lost in court, but were in no hurry to leave. They were now unawful retainers or trespassers. They had no more rights
to be on our property and had nothing to say about it. Therefore, after winning in court, we had an all-night party right outside of their front doors
and actually banged on drums for two hours. The next day they were gone.
Don't do the subtraction. This is an $18,100
fraud case - not $15,000. The judge will expect the landlord to prove these damages. It cannot be done. Print out the TrainorPlace drama showing how the woman tried to break in to your home and the need to alarm the police department twice. The judge may want to check with the police department which has taped records of all of its calls for verification.
Small claims may get you $5000. No attorneys are involved. In civil court the damages
in your favor might be much more, but you would require an attorney there. Henry again
Henry, Thanks so much! You have it down.
Neisha, did you notice this on the list:
"Replace 7 burned out light bulbs at 2.00 each - $14.00"
Hahahahahaaaaa
Yes, I did! Everything is has on the list is such major construction that it's just nuts.
Yes, I did! Everything is has on the list is such major construction that it's just nuts.
On Dept. of Consumer Affairs website, it says this:
What should you do if you believe that your landlord has made an improper deduction from your security deposit, or if the landlord keeps all of the deposit without good reason?
Tell the landlord or the landlord's agent why you believe that the deductions from your security deposit are improper. Immediately ask the landlord or agent for a refund of the amount that you believe you're entitled to get back. State the reasons that you believe the deductions are improper, and the amount that you feel should be returned to you. It's a good idea to send by certified mail.
If the landlord or agent still doesn't send you the refund that you think you're entitled to receive, try to work out a reasonable compromise that is acceptable to both of you. (WE ALL KNOW HOW UNREASONABLE SHE IS.)
If none of this works, you may want to take legal action
Sue the landlord in small claims court for return of your security deposit. However, the landlord then can file a counterclaim against you. In the counterclaim, the landlord can assert a right to make deductions from the deposit, for example, for damage to the rental that the landlord alleges that you caused. Both parties then will have to argue to the judge why he or she is entitled to the deposit. (THIS IS WHERE THIS IS GOING.)
Should we write a letter to the landlord first, as it states above, even though we know it will not work?
I think it's dumb to try to compromise at all when you know you're right.
Here is my letter:
Dear Lynda,
Replace seven burned out lightbulbs at $2.00 each
This is not a valid charge. YOU ARE SUCH AN IDIOT!! THIS CONFIRMS IT.
Tavia Cantarini
Here are the damages listed by the landlord:
Landlord locked out for estimates from July 28 to July 31, 2008 233.33
Cleaning kitchen and laundry brick flooring, den 600
Oak flooring scratched heavily, buff, recoat 1422
Pine steps scratches, remove and recoat 1595
Den brick floor damaged by your desk pad 4675
Front porch walkway brick surface damaged by you 4890
Replace seven burned out lightbulbs at $2.00 each 14
Cleaning bathroom grout flooring between marble 160
Laundry room shade damaged by cat claws 15
Replace shelf paper in kitchen that was removed by Tavia 222.89
Chip in stove top left corner 100
Cleaning outside window screens, skylight inside, den fan 75
Shower faucet has heavy soap build up
Trust me on this. Every single one of these items is a false claim.
Tavia,
Do not communicate with Lynda, especially if she is an idiot. Remember, you are getting ready to go to court.
The consumer report provided by Linnette is only a warning of a possible countersuit in small claims court which some people might try to avoid. But $18,100 counter action is not small claims. It requires a civil case in which attorneys represent each party. If Lynda countersues you in small claims court, it means she will be in attendance; her counter claim could not exceed $5,000, and therefore her itemized $18,100 claim should be recognized by any superior court judge as mostly harrassment by Lynda.
It is not wise to contact her anymore unless she has an agent - which I doubt very much. No intelligent agent would represent her it seems to me.
I have not seen your lease agreement or Lynda's claims, but she knows that your security deposit hangs in the balance and she hates to give it back. This is not going tp make the judge very
tolerant of her if the security deposit is no longer accountable.
Seven light bulbs costing $14 can probably be
purchased at the Dollar Store for $3.50, but the judge won't even bother with this item unless the lightbulbs were taken (removed) from the attached sockets by you. Lighting is part of your rent. Even if not, the depreciation on a 5-year warranted light bulb for the one year while you were in residence would be 10 cents each. I hope you did not remove the lightbulbs when you vacated the building and that you did not stay in the dark at night while you were there. When a lightbulb burns out in our rentals, as landlords, we replace them if the tenant is that cheap! Once we did have a tenant who took all the lightbulbs with her.
Now, the next most important thing for you to do is file a claim at your nearest county court house.
This will start the action. The Clerk of the Court
will instruct you on the procedures for preparing a simple summons and complaint. A copy will have to be served to Lynda by a party other than yourself - usually a friend or professional server (over 18) who is not suspected of being unfair. Otherwise Lynda might not open the door to be served. If she opens the door and refuses to accept the summons, it should be thrown at her feet which saisfies very important two words, "DUE DILIGENCE," This chore requires a signed affidavit by the server to prove the Lynda is aware she is being sued, even though she refuses to accept it.
People should not fool with the courts. Judges handle similar cases every week.
I assume you have a lease agreement which I am sure has the financial arrangements and whether or not you were allowed pets. Pets can mess up carpeting which have to be cleaned. This is usally covered in the lease.
Hammerin' Henry
Thanks, Henry.
I didn't take the light bulbs out. They were just burned out.
I would think the case is more by the time you consider harrassment, the legal fees, time off from work, stress, etc. Tavia has suffered great injustice here.
I still wonder if Tavia should call the landlord's daughter. Maybe the daughter could cut right through this and do wonders, wake Lynda up to the fact that she is gonna lose a lot of money if she doesn't come to her senses and fast.
Great comments and advice here! So much is in Tavia's favor. Even the police I would think. You rock Henry! I love you Mom! Great to see you here! I think you are right. A judge might well take that lady down to size real quick. If she will talk to the police like she did, she'd probably do the same to the judge.
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