Asshole of an Old Landlord

[OslerKnew]

@Gatopescado

I’ll only comment on the deposit issue, not the obvious other issues this guy has with mail etc.

The deposit is *never * returned in full. It is basicly a payment, in advance, to make your apartment re-rentable. That includes carpet cleaning, paint, other cleaning etc.
.

Bullshit - Holding back the deposit is a true scam. I just moved my eldest son into an apartment near campus in Boston - what a pit; there was no effort to make the apartment “re-rentable”. No carpet cleaning, no paint - in fact the bathtub was full of a green fungus (oh yeah, this was after the “cleaning crew” had been through.) The bottom line is that the landlords count on no one calling them on this scam - they just keep going and going, keep the deposit, and unless someone takes them to small claims court (which is expensive and they count on that), they don’t have to answer to anyone. So, Gatopescado, are you one of those landlords…

[Richard_Parker]

@Gatopescado

Its “called” a deposit. One for cleaning, one for security. I make it clear that the “cleaning” deposit will almost always be used up upon the tenant moving out. The “security” deposit is usually refunded, or used up as “last month rent” in most cases.

I have never ripped anybody off, or taken thier mail.

Out of curiosity, what state are you in?

[Gatopescado]

@Frank

Well, for one thing, when I moved up here after 50 years in the States, I didn’t have to pay any deposit at all, just first and last month’s rent.

Agreed. Thats how it “used to be”. People would take pride in thier obligations and responsibilities.

@Frank

Uh-huh. That, of course, depends where you are.

And thats how it is now.

[Gatopescado]

@OslerKnew

I just moved my eldest son into an apartment near campus in Boston - what a pit; there was no effort to make the apartment “re-rentable”. No carpet cleaning, no paint - in fact the bathtub was full of a green fungus… …

And yet you “moved your oldest son in”… How is that the anybody’s fault by yours/your son’s?

@OslerKnew

So, Gatopescado, are you one of those landlords…

Absolutly not. I use the cleaning deposit left by the previous tenant to make sure the unit is acceptable for the next tenant, or indeed, me or my wife or kid to live in. See the difference?

[Gatopescado]

@Richard Parker

Out of curiosity, what state are you in?

Nevada. You can be gone, for nearly any reason, pronto, enforced by the Sherriff.

Protects the renter and his/her belonging and the property owner. Damn near never had to evict anybody.

[MandaJo]

You are still arguing apples and oranges–the op is about a security deposit, not a cleaning deposit.

[OslerKnew]

@Gatopescado

And yet you “moved your oldest son in”… How is that the anybody’s fault by yours/your son’s?

Fault? WTF. I pit the fuckwad landlord who “sold” my son on the apartment and on the condition it would be in when he moved in … yes, I moved him in because he had already put down more than $2100 (first, last, and “the deposit”). Sure, the buyer should be beware. But the simple fact is that a landlord holds all the cards. And you know full well that you, as landlord, are far more protected than any tenant, when it comes to the issue of the “deposit”. Bottom line, you are making money on the tenants - and when landlords take advantage of the situation, they deserve nothing but contempt.

@Gatopescado

Absolutly not. I use the cleaning deposit left by the previous tenant to make sure the unit is acceptable for the next tenant, or indeed, me or my wife or kid to live in. See the difference?

“Absolutly” dude, you need to use spell check. This post, and couple of your other posts lead me to believe that you can’t spell, or perhaps don’t understand grammar. I hope the properties you rent are in better condition than your command of the English language.

[Rick]

@Gatopescado

Its “called” a deposit. One for cleaning, one for security. I make it clear that the “cleaning” deposit will almost always be used up upon the tenant moving out. The “security” deposit is usually refunded, or used up as “last month rent” in most cases.

I have never ripped anybody off, or taken thier mail.

IANAL and all that, but if your rental agreement refer to this as a cleaning deposit (as you said) it would appear that you are in fact in violation of Nevada law.

  2.  Upon termination of the tenancy by either party for any reason, the landlord may claim of the security only such amounts as are reasonably necessary to remedy any default of the tenant in the payment of rent, to repair damages to the premises caused by the tenant other than normal wear and to pay the reasonable costs of cleaning the premises. The landlord shall provide the tenant with an itemized written accounting of the disposition of the security and return any remaining portion of the security to the tenant no later than 30 days after the termination of the tenancy by handing it to him personally at the place where the rent is paid, or by mailing it to him at his present address, or if that address is unknown, at the tenant’s last known address.

  3.  If the landlord fails or refuses to return the remainder of a security deposit within 30 days after the end of a tenancy, he is liable to the tenant for damages:

  (a) In an amount equal to the entire deposit; and

  (b) For a sum to be fixed by the court of not more than the amount of the entire deposit.

  4.  In determining the sum, if any, to be awarded under paragraph (b) of subsection 3, the court shall consider:

  (a) Whether the landlord acted in good faith;

  (b) The course of conduct between the landlord and the tenant; and

  (c) The degree of harm to the tenant caused by the landlord’s conduct.

 ** 5.  Except for an agreement which provides for a nonrefundable charge for cleaning, in a reasonable amount, no rental agreement may contain any provision characterizing any security under this section as nonrefundable or any provision waiving or modifying a tenant’s rights under this section. Any such provision is void as contrary to public policy.

**
So the way I am reading it, if you call it a deposit and keep it, you are going to get your ass handed to you by the Sate of Nevada and the first tenant that moves out leaving a clean unit and can use Google.

[Fear_Itself]

@Gatopescado

I will never own rental property in California.

You might as well add New Hampshire to the states you will never [del]slumlord[/del] own rental property in. Your practices would cost you a fortune.

[Justin_Bailey]

New York as well.

In both of the apartments I rented in New York the boilerplate lease included a message from the state of New York reminding the tenant that any “cleaning” fee was illegal. Only repairs are allowed to be deducted from the deposit.

[GraceTX]

@Justin_Bailey

New York as well.

In both of the apartments I rented in New York the boilerplate lease included a message from the state of New York reminding the tenant that any “cleaning” fee was illegal. Only repairs are allowed to be deducted from the deposit.

I believe the same is true for Texas. Landlords can’t deduct for cleaning sevices or for things to be replaced or repaired as a result of normal wear and tear.

[DrDeth]

@Gatopescado

I’ll only comment on the deposit issue, not the obvious other issues this guy has with mail etc.

The deposit is *never * returned in full. It is basicly a payment, in advance, to make your apartment re-rentable. That includes carpet cleaning, paint, other cleaning etc.

No matter how clean you leave it when you move, the owner/manager of rental units MUST clean, paint, repair as necessary. Its nothing personal. They aren’t digging you for not cleaning, you just made thier job easier. (in other words, why bother? It’ll just get done again…)…

My Bro is on the Rent Commision for the local Gov’t. And you are completely, totaly wrong, at least as far as CA goes. “Normal wear and tear” is *not *part of damages. Security Deposit can only be withheld for damages or unpaid rent. And, at least in CA- *calling *it a “cleaning deposit” doesn’t help either. :rolleyes:

And it appears from Rick’s excellent cite, NV has more or less the same wording in it’s law.

[Stuffy]

INAL either, however I’ve know more that my fair share of shitty landlords. Having just helped a friends Mom through the same thing, I will note that California rules are no different than Nevada except in two respects.

1. An itemized deduction must be submitted to the tenant within 21 days.

2. A tenant may sue the Landlord for acting in bad faith for up to twice the amount of security deposit

Incidentally to the OP if you have lived in your current place more than 24 months both painting and carpet cleaning would be the landlords responsibility at least in California and from the echoes we’re seeing from other posters I’d be surprised if the laws aren’t similar elsewhere despite what Gatopescado says.

[Gatopescado]

I actually saw this coming a* mile * away…

5. **Except for an agreement which provides for a nonrefundable charge for cleaning, in a reasonable amount, no rental agreement may contain any provision characterizing any security under this section as nonrefundable or any provision waiving or modifying a tenant’s rights under this section. Any such provision is void as contrary to public policy. ** Note the fancy two-dollar script! Hey, you! I want you to spell check for me! I Frankley-ain’t-got-th’-gol-dern-time-er-mentor!

What the fuck is wrong with you people that think the relationship between an landlord and tenant is advisarial? A tenant is a customer of the landlord. Why would they want to piss them off? They are paying you rent to stay in your place. You want to make it nice, so it induces them to pay every month.If you went into Sears and the manager spit on you, would you shop there? NO! Same goes with an apartment complex.

Deposits are taken up front to protect both the renter and the landlord.

[Gatopescado]

@DrDeth

My Bro is on the Rent Commision for the local Gov’t. And you are completely, totaly wrong, at least as far as CA goes. .

You are talking out your ass right now. Go buy a California rental unit, and see what really happens. With luck, not much. But wait till you get your first “non-payer”.

Then come join the discussion.

[Rick]

Does anybody here have a Gatopescado to English translation program on their computer? My brain hurts trying to make sense out of that post.

[Gatopescado]

@St. Urho

This bastard seems bound and determined to keep some of our security deposit. .

I deaply apalozige for hIjacking yer therd and all. I should have seen this cumming, i suppose.

(Wheer is that GoDdamn spelchek keey?)

[Stuffy]

@Gatopescado

I
What the fuck is wrong with you people that think the relationship between an landlord and tenant is advisarial? A tenant is a customer of the landlord. Why would they want to piss them off? They are paying you rent to stay in your place. You want to make it nice, so it induces them to pay every month.If you went into Sears and the manager spit on you, would you shop there? NO! Same goes with an apartment complex.

Deposits are taken up front to protect both the renter and the landlord.

It’s precisely your attitude that makes tenant-landlord relationships adversarial. A security deposit is meant to protect you the landlord from damages to your property or non payment of rent. Upkeep of your property, which would include painting and cleaning the carpet occasionally, would represent upkeep. Marks or holes in the walls; rips or stains in the carpet are a different mater. Re-renting your apartment (you know buying an ad, running credit checks and all that) is likewise your responsibility unless the tenant broke your lease, that why there’s that whole “30 days notice” thing. It is not your tenants’ responsibility to ensure that you’re getting paid every month once they leave.

[Gatopescado]

@Stuffy

It’s precisely your attitude that makes tenant-landlord relationships adversarial.

I respectivly disagree. Cleaning deposites are for just that, Cleaning. How clean do you think your are? How clean am I? How clean is the next tenant?

I’ll tell you how clean I expect my future tenant expects the place thier moving into is: FRESH PAINT AND CLEAN CARPET/DRAPES.

You wanna where people put thier boogers and toe-nails? I’ll give you a hint: On the back-side of drapes and behing the couch.

All you renters, take a minute to look around. I’ll wait. (I’d be happy to respond to a new thread, “Disgusting things you have found in a Rental”. I’ll tell you every dirty little secret…)

Pending the onslaught of “Oh my God! There are Boogers on my Drapes and ToeNails behind my Couch” posts, I come back… maybe.

Seriously, dude. I rent quality digs for quality folks. I got long-term renters that have been guests for years, with no complaints. If you think that ripping people off are the way to “quick profits” or something, you need to reexamine your thinking. Renters are customers. Unhappy customers don’t pay, or leave. Unrented space is counterproductive, therefor, keep the paying guests happy.

[Boozahol_Squid_P.I]

Now I don’t know anything about renter’s laws, and haven’t had to deal with a landlord or tenants since college, but doesn’t the italicized portion of this section mean that Gatopescado is right; according to Nevada law, he may take charges out of a security deposit to clean the apartment? Or is that phrase intended to be a continuation of the exclusion of normal wear?

@State of Nevada

2. Upon termination of the tenancy by either party for any reason, the landlord may claim of the security only such amounts as are reasonably necessary to remedy any default of the tenant in the payment of rent, to repair damages to the premises caused by the tenant other than normal wear and to pay the reasonable costs of cleaning the premises.