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I'm new here, but I stumbled onto this forum while I was researching California laws for tenants. The past 4 months I have been at my current location have been an interesting ride!
Basically, my roommate is a complete and total nightmare. I've been here a short amount of time. I responded to an advertisement on a rental website and met with her/her current roommate at the time. The location here is amazing and the price seemed good, so after inspecting the house, we came to an agreement. The landlord was not present, though we did sign a contract between the two of us. This has become increasingly problematic, because after repeated e-mails, I have been unable to actual contact the landlord, though he quickly deposits my rent check each month.
I realized maybe I made a bad decision moving in with my current roommate after her old roommate decided to cut off the Internet service without notifying my roommate. There seemed to be a lot of tension and now I know why. My roommate is a slob. Several times in our tenancy, she has left the kitchen a mess with food and dishes all used, and left the house for several days at a time without cleaning up after herself. She has cleaned up one time - when her cousin came to visit. She also gave me little notice he would be camping out on the sofa for a week. She eats my food and stole a 12-pack of beer. She smoked all of my boyfriend's cigarettes. Also, one night we had a pizza night and she told me she would chip in; she never did. She brought a hamster home unannounced and decided she was going to put it in the living room because it's too loud to be in her room at night. Unfortunately, now the hamster is closer to my room and I suffer through it. She locked my cat in my room with no food, water or litter box while I was at work. The list goes on and on.
So now, I am finally moving out. My lease is up December 23 and I gave her notice that I was leaving. She started e-mailing me lists of grievances/demands that are ridiculous. She is stating that I damaged her furniture (the label under the couch she has says it is from 1999 and it is soiled beyond belief). She said because my boyfriend spends the night sometimes that he needs to contribute to the rent when he does, as well as utilities. She says my cat caused snags in her rug, but again, she has possessed this rug well before I moved in and it is laden with stains.
This is the worst part. She's trying to tell me that because she has to write me a check for my security deposit, she is going to deduct $100 cleaning fee and money to cover the damage to her sofa/rug. My car did claw at some mesh curtains and I agreed to replace them (they are $4.99 at IKEA). My landlord has not responded to any e-mails. On top of my roommate threatening to deduct money from my deposit (I am a very clean person - I even washed her rugs which I believed to be grey. After they came out of the wash, I found out they were pink!), she says she has 21 days to give me the deposit back from the final day I move out and that she will mail it. I'm dying to get out of there, so I am moving the 10th of December, but I agreed to pay the rest of the rest.
My question is what should I do!? I've taken pictures of the supposed "damage" as well as messes and things she has made. I feel like she is completely untrustworthy. She hasn't even paid me back for Internet (way less than the deposit), so how can I trust her to mail me any check?! She keeps threatening legal action and whatnot. At this point, I just want to get her the F out of my life!
Does anyone have any advice? How can we deduce damages? I feel I am entitled to my whole deposit back, because my room is in a better state than when I moved in!
Help!
Thanks for taking the time to read through this. I really appreciate any insight.
I responded to an advertisement on a rental website and met with her/her current roommate at the time. The location here is amazing and the price seemed good, so after inspecting the house, we came to an agreement. The landlord was not present, though we did sign a contract between the two of us. This has become increasingly problematic, because after repeated e-mails, I have been unable to actual contact the landlord, though he quickly deposits my rent check each month.
Hi, Devon,
A few questions for clarification purposes first please.
What document did you and the weird roommate sign? What exactly did it say? It might be that she had no right to do this. I don't have enough info to hazard a guess.
You really do need to find out of the weird roommate is authorized to sublet--in other words, did the Weird One have the right to rent the room to you? If not, then you don't owe her anything in terms of money for alleged damages, etc. You would be responsible to the LL.
Did you pay a security deposit? Who did you pay this to, the weird roommate or to the LL ? If you paid to the LL, the Weird One has no right to demand any money for damages. That's between you and the LL. Did the Weird One tell you that you needed to make the check out to her, or did you give her cash, or what?
Do you mail your rent check to your LL ? You said he doesn't respond to your emails, but he sure cashes the rent checks. If so, you must have his address. I'd be tracking him down for more info even if it meant finding his phone number or showing up on his doorstep.
One way to get a copy of the lease or rental agreement is to perhaps forget to sign your rent check, or to make the check out to the LL AND to you. The LL won't be able to cash it without your signature (unless he forges it), which will probably merit a phone call to you from the LL. Of course, this could backfire and the LL could say he was unable to deposit the check on time due to lack of signature, so be aware of that, but really might not be able to file for eviction since you'll be leaving Dec. 10 but paying until the 23rd and you did pay the rent.
Do you have a lock on your door? I'd get quick permission from the LL to change out the doorknob for one that locks and cannot be jimmied from the outside, and I'd only give the key to the LL, and I'd get me a little student-dorm type fridge and keep that in my room. With a locking bedroom door, I'd ignore the Weird One's filth and mess and horrible behavior and make sure my little corner (my room) is safe from theft, and that my cat is safe, too... or you could just wait it out until you leave.
Does she *really* have the right to write you a check for the security deposit? If so, according to what state you're in--and you said you were researching for CA, so I'm guessing you're in CA-- you have the right to request a pre-move out inspection with you present (documented with paperwork) and a move-out inspection. If you request a pre-move out inspection, then by CA statute, you must receive a formal, itemized statement relative to the findings of the pre-move out inspection. You must receive this in plenty of time to correct any issues that were found, and that were found to be your responsibility. Most pre-move out inspections take place 2 weeks before the tenant vacates as this gives the tenant two weeks to remedy things.
Definitely replace the curtains ASAP. After that pre-move out inspection (usually 2 weeks before you vacate), within a specific time frame the Weird One would do a formal move-out inspection after you've turned in your keys and vacated the premises, and you should get an itemized Security Deposit Settlement Statement which would likely include receipts for the costs of doing things that needed to be corrected -- things that were listed on the pre-move out inspection that were beyond normal wear and tear, things that *you* were responsible for. You would receive the settlement statement and any refund within 21 days (CA law) after your last date of tenancy, but does she even have the legal right to do this?
The Weird One could be bluffing. I don't know. Is she perhaps the LL's daughter and this is why he's letting her do whatever and why he's not responding to your emails? Because he's been down this road before and she's about two cans short of a six-pack?
Did you happen to take "before" photos? Are you responsible for any specific areas or community areas of the place?
Thank you for responding to me. I really appreciate the information you have given me. It definitely breaks things down. Yes, I am renting in the Los Angeles area of CA. Let me answer your questions.
"What document did you and the weird roommate sign? What exactly did it say? It might be that she had no right to do this. I don't have enough info to hazard a guess." We did sign a kind of lease and she put the landlord's name, but he never signed the agreement. Technically, I'm not sure if this constitutes as an agreement between him or her, but it does state that I made out a deposit equal to a month and half's worth of rent and that I am a tenant in the apartment. Basically, it went over the security deposit, amount of rent per month and that I should get my deposit back unless a cleaning fee/damage is required. It is dated August 1, 2011
"You really do need to find out of the weird roommate is authorized to sublet--in other words, did the Weird One have the right to rent the room to you? If not, then you don't owe her anything in terms of money for alleged damages, etc. You would be responsible to the LL."
I will try to find this out. I actually linked his e-mail to his place of work, so now I have his phone number and even his work address.
"Did you pay a security deposit? Who did you pay this to, the weird roommate or to the LL ? If you paid to the LL, the Weird One has no right to demand any money for damages. That's between you and the LL. Did the Weird One tell you that you needed to make the check out to her, or did you give her cash, or what? "
I paid a deposit, as stated in the agreement I signed, but I did make out a check to my roommate. I have my bank records to indicate she cashed the check. She told me when her old roommate moved out, she paid a money order to her and I paid her the check. I had a situation similar to this before. I paid the deposit to another girl, but this was with a landlord who I know gave permission. Later, the landlord paid back my deposit in full.
"Do you mail your rent check to your LL ? You said he doesn't respond to your emails, but he sure cashes the rent checks. If so, you must have his address. I'd be tracking him down for more info even if it meant finding his phone number or showing up on his doorstep." Yes, I mail my check to him each month. Under CA state law, I know if a landlord accepts your check and cashes it, then you are a tenant. He cashes my checks each month in a very timely fashion.
"One way to get a copy of the lease or rental agreement is to perhaps forget to sign your rent check, or to make the check out to the LL AND to you. The LL won't be able to cash it without your signature (unless he forges it), which will probably merit a phone call to you from the LL. Of course, this could backfire and the LL could say he was unable to deposit the check on time due to lack of signature, so be aware of that, but really might not be able to file for eviction since you'll be leaving Dec. 10 but paying until the 23rd and you did pay the rent." I'll keep that in mind!
"Do you have a lock on your door? I'd get quick permission from the LL to change out the doorknob for one that locks and cannot be jimmied from the outside, and I'd only give the key to the LL, and I'd get me a little student-dorm type fridge and keep that in my room. With a locking bedroom door, I'd ignore the Weird One's filth and mess and horrible behavior and make sure my little corner (my room) is safe from theft, and that my cat is safe, too... or you could just wait it out until you leave." This is also a good plan. I don't have a lock, but I put my cat in my room and if I go anywhere for an extended time, I take him with me and don't leave him in the apartment. I've been storing food in my room/hiding it in the apartment. Haha!
"Does she *really* have the right to write you a check for the security deposit? If so, according to what state you're in--and you said you were researching for CA, so I'm guessing you're in CA-- you have the right to request a pre-move out inspection with you present (documented with paperwork) and a move-out inspection. If you request a pre-move out inspection, then by CA statute, you must receive a formal, itemized statement relative to the findings of the pre-move out inspection. You must receive this in plenty of time to correct any issues that were found, and that were found to be your responsibility. Most pre-move out inspections take place 2 weeks before the tenant vacates as this gives the tenant two weeks to remedy things." That's good! I've been attempting to contact the landlord for these things. My roommate says she has requested a move out inspection as well, but we'll see.
"Definitely replace the curtains ASAP. After that pre-move out inspection (usually 2 weeks before you vacate), within a specific time frame the Weird One would do a formal move-out inspection after you've turned in your keys and vacated the premises, and you should get an itemized Security Deposit Settlement Statement which would likely include receipts for the costs of doing things that needed to be corrected -- things that were listed on the pre-move out inspection that were beyond normal wear and tear, things that *you* were responsible for. You would receive the settlement statement and any refund within 21 days (CA law) after your last date of tenancy, but does she even have the legal right to do this?" Technically, I wrote the check to her, but it seems to me even then, this is not her money - it is the landlord's and he should have final say in what is going to be done.
"The Weird One could be bluffing. I don't know. Is she perhaps the LL's daughter and this is why he's letting her do whatever and why he's not responding to your emails? Because he's been down this road before and she's about two cans short of a six-pack?" I've heard from other tenants that he never responds to e-mails. I have been meaning to go around the apartment and ask my other tenants questions. We had a broken washer/dryer for about 3 months. It has just now been fixed.
"Did you happen to take "before" photos? Are you responsible for any specific areas or community areas of the place?" I did start taking photos along the way. I imagine both of us are responsible for the communal areas, but my room is in the exact condition it was when I moved in. Nothing is out of place in terms of paint damage, cleanliness, holes in walls - all how it was.
Oy vey! What an adventure. Actually, I'll tell you. She told me on Wednesday night that her couch was about a year old. When she was at work, I lifted the couch and found the sticker with the make and model then took a picture of that. Her couch is so stained and worn, I couldn't believe it was only a year. As it turns out, the sticker was labeled "1999." My boyfriend and I looked up the serial number and it turns out this particular couch is no longer available on IKEA's website. The latest date she could have purchased it new was 2006 - nearly 6 years ago! Goodness me. I'll definitely think twice about doing something like that. I've never had any problems renting before. Even with a landlord I did not necessarily like, she was very nice when I vacated the building - we called the all the electric/Internet sources to get those cut off and she came prepared with the security deposit/gave it back to me right after inspection. My other apartment was the same way. I've never had a problem with someone trying to rip me off in this way! Welcome to the real world, I guess!
Thank you so much. This really helps!
Best wishes,
Devon
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