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Kastel Construction Reviews (7)

I am responding to your request for review of your Security Deposit Reconciliation dated September 29, In the request you asked about the carpet and the pest control and referenced http://dca.ca.gov/publications/landlordbook/sec-deposit.shtml as your Source that you based the appeal onI will respond to each item in order:California Tenants - California Department of Consumer Affairsdca.ca.govRefunds Of Security DepositsCommon problems and how to avoid themThe most Common disagreement between landlords and tenants is over the refund of the tenant's.Carpet: You are stating it is illegal to withhold from your security deposit for carpet cleaning stating that this is routine cleaningHowever as noted in the first paragraph of the publication you referenced: California law specifically allows the landlord to use a tenant's security deposit for four purposes: The second purpose quoted is as follows: "for cleaning the rental unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in”Your carpet was new when you moved in So the only way to make it as clean as it was when you moved in (new) was to professionally clean the carpet upon tenant vacancy which is allowed.Further, in the cleaning instructions sent to you in response to your day notice to vacate it StateS: “Upon move out you are expected to leave the unit in the same condition it was in when you moved into the unitSince a steam cleaning company professionally cleaned the carpets or the carpets were new before you moved in, it is required that the carpets will be cleaned before a new resident moves into the apartmentShould the vacating residents not have the carpets cleaned upon move out, the management will have the carpets cleaned and the cost will be deducted from the Security depositShould you decide to schedule the carpet cleaning yourself, please be sure to provide a copy of the invoice from the steam cleaning company at the time you vacate the apartment, otherwise we will assume that it has not been done.”Pest: It is well know that fleas are a problem in Santa Barbara and every veterinarian strongly recommends year round flea control for both inside and outside animals because all pets are subject to fleasOnce the pet moves from an apartment, the fleas no longer have a host and they therefore go after the next best thing availableThis is the next resident to move into the unitIn this instance, to make the unit as clean as it was when the tenant first moved in, we need to remove all traces of pets, pet odors, and pet pests which would include flea treatment.After review I do not find that you are entitled to any further security deposit and no additional money will be returned.Thank you,J [redacted]

Good Afternoon: We are now disputing this complaint that we have not responded to "*** A"This person gave a fake name to the Revdex.com so we had to track down who she was and what apartment she lived inWhen my employee, Leeanna Diaz, finally tracked down who this person was, she respondedIn the meantime, the correspondence/demand for payment letter was sent to the Key Person on the lease (J*** ***)We responded to the security deposit dispute letter explaining that the apartment was left in horrible condition and included pictures to support the charges that were deducted from the security depositAttached are the pictures for the Revdex.com’s review to understand the condition of the apartmentThe original tenants had sub-leasers in their apartment and were not living in the apartment when the lease endedThe original tenants ARE ULTIMATELY RESPONSIBLE for the financial obligation of the lease AND the condition of the apartment
We feel the charges are fair and will standI suggested that “*** A” (the fake name given by the personal complaining about Meridian Group and original tenant on the lease) seek financial restitution from the sub-leasers and not Meridian Group or owner of the buildingWhy should the owner pay for the excessive wear and tear and horrible condition of the apartment left behind by THEIR sub-leasers!
This is not fair and I demand that this case be closed out and this person IMMEDIATELY cease and desist pursuing us any further and seek restitution from their sub-leasers
Sincerely, R*** ***

Complaint:
I am rejecting this response because:***,It is obvious that you have not read my emails to youI do not appreciate your disrespect nor do I appreciate you taking the information I sent you out of context to benefit your argument, which is in the wrongI suggest you contact your attorney to clarify things for youI also suggest you read my response thoroughly; I deserve the respect especially since I was an upstanding tenant even when you did nothing about the cockroach problem at Hope GardensYou are illegally holding my security deposit for (1) wear and tear, (2) routine charges in order to prepare the unit for the next tenancy and (3) pest treatment without proof of necessity or proof that any pest was introduced by me.As I stated before, it is illegal to withhold my security deposit for your carpet cleaning: "Carpets and drapes - "useful life" rulewear and tear to carpets, drapes and other furnishings cannot be charged against a tenant's security depositwear and tear includes simple wearing down of carpet and drapes because of use or aging, and includes moderate dirt or spottingIn contrast, large rips or indelible stains justify a deduction from the tenant's security deposit for repairing the carpet or drapes, or replacing them if that is reasonably necessary."M*** *** clearly stated that the carpet was in good condition and there was no damageYou are charging me for wear and tearThis is illegal If you need further information: "Costs of cleaningA landlord may properly deduct from the departing tenant's security deposit to make the rental unit as clean as it was when the tenant moved in.241A landlord cannot routinely charge each tenant for cleaning carpets, drapes, walls, or windows in order to prepare the rental unit for the next tenancy."M*** *** clearly stated that Meridian Group routinely charges their tenants when she said "it is Meridian’s policy to always have the carpet cleaned by a professional carpet cleaning company prior to a new tenant moving in"Like I said before, you cannot routinely charge a tenant for cleaning carpets in order to prepare the unit for the next tenancyI'm not sure how you can continue to argue this fact.While it may be true that there is a flea problem in Santa Barbara, it is not my obligation to pay for you to keep your flea treatment policyM*** *** stated "It is quite possible that your cats did not have fleas but there is no way for us to determine that, therefore we take the precaution of spraying before a new tenant moves in." This is a routine charge in order to prepare the unit for the next tenancy, which I've already explained is not legalMeridian Group is responsible to pay to exterminate pests that the tenant has not introducedWhile eradicating infestations caused by the tenant can rightly be put on the tenant's tab, you have failed to provide proof that I have introduced fleas or even proof that fleas existed to begin with.Again, I would like the remainder of my security depositIf you fail to comply, I will take you to small claims court
Regards,
K*** ***

Complaint: 10937630
I am rejecting this response because:I have been informed that this complaint is closed even though Meridian has done nothing about the situation. They did not properly review my case. I know this because in the letter that they sent both to me and to the Revdex.com, they did not even address everything that I had included in my dispute letter. Meridian is trying to illegally retain at least $868.93 from myself and my former housemates. They have avoided any contact with me. It has been over a month since I initially filed a dispute with them. During that time they have never once called me and only emailed me after I filed my complaint with the Revdex.com. I have called 14 times and left multiple messages. I have still received no further contact from them. After again contacting them through email, they still will not actually review my case. I spoke to Karen Quinn on Wednesday, November 11. She said she would review my letter and call me either later that day or the next day (November 12). She never called. I left a message for her on Monday, November 16 and still did not get a response. Finally, today, I called and was given her email address. I emailed her asking about the dispute and she simply forwarded me the letter that Meridian sent to the Revdex.com. This company has done literally nothing to try to work with me on this problem. I personally believe that they are simply trying to delay it and do so little in the hopes that I will eventually give up and they will be able to keep the money. I have attached the dispute letter that I originally sent them so that it may be attached to this complaint. I would appreciate if you could re-open this case as it absolutely has not been resolved and this company has not actually reviewed it at all. 
Regards,
[redacted] A

Dear K[redacted],   I read your complaint and the response from J[redacted], which were posted on the Revdex.com.  In your complaint, you mention that you should be refunded the remaining balance of your security deposit, which include the deductions made for the carpet cleaning and pest charges.   After further review of your resident file and the review of the page you referenced at http://dca.ca.gov/publications/landlordbook/sec-deposit.shtml, I agree that you should be reimbursed for the cost of the pest treatment, but the carpet clean charge remains.   Per the www.dca.ca.gov site, California law specifically allows the landlord to use a tenant's security deposit: “For cleaning the rental unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in.”  Also, per the terms of your lease agreement, page 10, item 1, which you signed, states: “Refund of the full Security Deposit by Lessor to Lessee depends upon Lessee’s full performance of the following terms of this Agreement.  Lessee agrees in order to avoid deductions from the Security Deposit: …D. The entire premises including (if any) range, filter(s), screen(s), refrigerator, bathroom(s), closet(s), walls and carpets shall be cleaned professionally by a licensed, insured company, to Manager’s satisfaction, and such satisfaction, if expressed shall be evidence by written cleaning-release of Lessee.  …2. All costs of labor and materials for needed cleaning, repairs and replacement beyond ordinary wear and tear based on premises condition following inspection will be deducted from the Security Deposit.”   Please remember that the carpet in your unit was new prior to you taking possession.  When cleaning is required, including carpets, it is not deemed normal wear and tear.  In order to return the unit back to the same level of cleanliness, the carpets required to be professionally steam cleaned, and therefore the charge for carpet cleaning is appropriate.   You also made mention in your complaint to the Revdex.com that the unit was infested with cockroaches, but in your resident file I found copies of email conversations which you had with the on-site manager, Mary Ellen, in which you are notified of the cockroach issue, where the infestation is limited to only the outside of the units and where a plan for treatment is specified.  If you experienced any issues with cockroaches or any other pests inside of your unit, I don’t see that you made mention of it to Mary Ellen or to Meridian Group, or that we did not make an effort to resolve any issues which you did report.   I am sorry that you terminated your tenancy unsatisfied with our company, but our intentions are to provide our residents with the best service.  I hope that this explanation and that the additional refund of $60 will resolve this issue.   Sincerely,   C[redacted] Executive Assistant to R[redacted], CPM®, President   MERIDIAN GROUP Real Estate Management, Inc. www.meridiangrouprem.com p. ###-###-#### / f. ###-###-#### CA DRE LIC #01272282

I am responding to your request for review of your Security Deposit Reconciliation dated September 29, 2016. In the request you asked about the carpet and the pest control and referenced http://dca.ca.gov/publications/landlordbook/sec-deposit.shtml as your Source that you based the appeal on. I will...

respond to each item in order:California Tenants - California Department of Consumer Affairsdca.ca.govRefunds Of Security Deposits. Common problems and how to avoid them. The most Common disagreement between landlords and tenants is over the refund of the tenant's.Carpet:  You are stating it is illegal to withhold from your security deposit for carpet cleaning stating that this is routine cleaning. However as noted in the first paragraph of the publication you referenced: California law specifically allows the landlord to use a tenant's security deposit for four purposes: The second purpose quoted is as follows: "for cleaning the rental unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in”. Your carpet was new when you moved in So the only way to make it as clean as it was when you moved in (new) was to professionally clean the carpet upon tenant vacancy which is allowed.Further, in the cleaning instructions sent to you in response to your 30 day notice to vacate it StateS: “Upon move out you are expected to leave the unit in the same condition it was in when you moved into the unit. Since a steam cleaning company professionally cleaned the carpets or the carpets were new before you moved in, it is required that the carpets will be cleaned before a new resident moves into the apartment. Should the vacating residents not have the carpets cleaned upon move out, the management will have the carpets cleaned and the cost will be deducted from the Security deposit. Should you decide to schedule the carpet cleaning yourself, please be sure to provide a copy of the invoice from the steam cleaning company at the time you vacate the apartment, otherwise we will assume that it has not been done.”Pest: It is well know that fleas are a problem in Santa Barbara and every veterinarian strongly recommends year round flea control for both inside and outside animals because all pets are subject to fleas. Once the pet moves from an apartment, the fleas no longer have a host and they therefore go after the next best thing available. This is the next resident to move into the unit. In this instance, to make the unit as clean as it was when the tenant first moved in, we need to remove all traces of pets, pet odors, and pet pests which would include flea treatment.After review I do not find that you are entitled to any further security deposit and no additional money will be returned.Thank you,J[redacted]

Complaint: 10937630
I am rejecting this response because: Meridian group has decided to ignore what I am actually disputing. They keep pressing the fact that our subleasers left the apartment in bad condition. We are aware of this and have never tried to argue that point. Here is part of an email that I sent to the Meridian employee who I have been in contact with (Karen). "With regards to the dispute, I have never once said that the apartment was in good condition or that it should not have been re-painted/have the carpet replaced. I realize that our subleasers trashed the apartment and we are dealing with them separately. However, that fact is completely irrelevant here since the whole point of my dispute was that we were charged for 1 year old paint and carpet when they were actually 2 years old. In the lease it says that if paint and carpet need to be replaced before 3 years and 5 years, respectively, then the tenants will be charged for the remainder of the time that they should have lasted. Since they were each 2 years old, we should have been charged 1/3 the cost of the paint and 3/5 the cost of the carpet. Instead we were charged 2/3 the cost of the paint and 4/5 the cost of the carpet. This is not a matter of opinion over whether or not they were damaged/dirty enough to be replaced. This dispute has to do with the fact that your company overcharged us based on the terms of the lease that we signed."This information was given to them in my original dispute letter and I have also repeated it numerous times to them via phone and email. They still refuse to address it. Instead they keep bringing up the condition of the apartment. My former housemates and I are seeking financial restitution from our subleasers, but that should not mean that Meridian should not be held responsible for their mistake which would cost the four of us almost $900 just for the carpet and paint. As I said earlier, the only time this group ever initiated contact with me was after I filed a complaint with the Revdex.com, and even then they simply sent me the same response as before.As a final note, after I contacted the Revdex.com asking them to reopen my case, I sent an email to Meridian (via Karen) letting them know that the case had been reopened. 2 hours after I sent that email, I received this response as part of the email:"We will submit the same response to the Revdex.com as we did earlier; however, we are going to add in the fact that you (and all original tenants) had sub-leasers in your apartment.  It was your sub-leasers that left the apartment in horrible condition."Even after reopening the case, Meridian still did not address what I was actually disputing. They have done their best to avoid the subject altogether by focusing on the state of the apartment. I am not asking them to pay for the "excessive wear and tear and horrible condition of the apartment." I am simply asking them to rectify their mistake by refunding us the money we were overcharged.
Regards,
[redacted] A
As a side note, my real name is Jessica Ayers. I did not feel comfortable having my name, phone number, and email address all available on the internet so I gave a fake name. The email address was real and, after being emailed by Meridian (L[redacted]), I immediately responded.

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