Legal Question in Real Estate Law in California
Move out expenses
On the day we moved out of our former apartment,we didnt clean it because we did not have much time to clean.On our last day,the landlord inspected the apaertment and said that it was dirty and said that the carpet was 'uncleanable'She gave us the move out inspection sheet to sign which we did so quickly even without reading it because she was asking us to leave because the contractors were already inside waiting to start painting and also do other things.two weeks after move out,we received an invoice from the landlord asking us to pay $2203.20 for changing the carpet in the apartment and puting newones and also painting the entire unit and also changing the window blinds and other charges.
When we left,everything was in good condition only that we did not clean and we told the landlord we will pay for cleaning expenses.She also had our deposit which we never got back and now she want us to pay the extra money.
We looked at the move out inspection sheet (we had to ask for a copy because she didnt give us one)and it indicated that the carpet needed to be changed and the walls painted but she never told us it was our responibility.
What should we do because we feel that we are not responsilble for the expenses she incurred
2 Answers from Attorneys
Re: Move out expenses
Your first apartment, eh? Signing things without reading them? Maybe you should take her to small claims court for your deposit back, so that you can learn firsthand what happens when you sign stuff you don't read.
Next time read a tenant law website or two; take the time to clean the apt or have it cleaned; bring a video camera and videotape the apt's condition at move-in and move-out; and take the move-out inspection sheet to a copy shop before you sign it, so you have a copy.
Re: Move out expenses
Mr. Stone's analysis is not very sympathetic, but unfortunately he's right. You doom your chances by signing stuff you don't read. I'm trying to bail out a seller of commerical property who was sued for over $50,000 of commissions because he thought he was agreeing to pay 6%, but the listing agreement he signed without reading said 9%. The law presumes that you have read what you signed. Actually, it could not be otherwise, or no contract would be worth the paper it's written on.
I suggest going to Amazon.com or your favorite local bookstore ang investing 40 or 50 bucks in two paperback books in the pop-law category: one on how to win your case in small claims; the other on tenants' rights or on how to be a landlord (which presents the same law from another viewpoint).
After reading those, you may decide that you have a case - and I agree you MIGHT, but it's badly compromised by what you signed - but at least you won't be babes in the woods in your next encounter with the Big Bad Wolf, a/k/a the landlord.
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