[quote=WestCoastNole]OK – I have heard back from my former landlord and he is proposing that we basically “call it even” – (i.e. he keeps my Security Deposit (2975 + 250 pet deposit), AND the 200 for the gardener ) – Here is his “accounting” of the charges that he is applying against the deposit:
1) Labor + cost of material: $1700 – $1900 2) 6% commision paid to realtor: $1881
(6% x $2850/months x 11months) 3) 20 days lost rent: $1983
(20 days / 30 days x $2975/month) 4) Monthly lost due to lower rent $1375 ($2975-$2850) x 11 months
1) Item 1 is nuts – this is what he paid a contractor to do some work around the house, but he has not included a detailed accounting of what the contractor did and what he is specifically charging me for ( i.e. I get the whole bill just because – I talked with the contractor when I was there and the majority of the work had NOTHING to do with our use of the property (i.e. there was illegal plumbing in the wall behind the kitchen that leaked and caused damage to the particle board that needed to be repaired ) – A good portion of the remainder of the work falls into the “fair wear and tear” in my book, but I am sure that that has alot to do with perspective so for argument’s sake I’ll assume that there is $250.00 above and beyond what is reasonable wear and tear.
2) WHAT – This is absurd – I am supposed to pay for his cost to rerent the unit ? Am I missing something here ?
3) Not too far off – I calculated 15 days so we are pretty close on this.
4) This is a surprise – since he rented out the place for less than he was charging me, Am I on the hook for the difference ????
I am going to sleep on this and put together a “counter offer” in the morning – ANY insight or opinions as to what I should and should not agree to would be, as always, very much appreciated.
Thanks again for all the input !!!
WCN[/quote]
Item 1:
He will need to provide receipts for this.
If he does not, he can’t collect.
If he does, you can ask the contractor for elaboration.
Item 2:
Uhhh no.
He can’t really charge you for this.
Item 3:
Whatever.
Item 4:
Uhh no again.
He can only deduct for
-negligent/excessive damage
-back rent (including days while he looked for a tenant)
-cleaning
Please remind him that California awards treble damages. Offer to cover the empty days and advise that if he does not return the rest, you will see him in court. Remind him about the video.
