Madura Textiles, Inc.

I am rejecting this response because:Although I appreciate the citation of law, the response sent does not answer my questions. 1) We received pictures from the owner of the holes in the walls that we left and they are NO MORE DAMAGING THAN THE HOLES LEFT IN THE WALLS WHEN WE MOVED IN (as shown in the photos I provided in my last response). When we moved in, there were nail holes in the walls in the living room & bedrooms, and holes from screws in the bathrooms. So I still would like to know why we are being charged to patch and paint the holes that we left, when the holes left by the previous tenants were not patched and painted upon our moving in. It appears you pick and choose who you charge for patching and painting holes. And since you stated not to patch and paint the holes, I remain firm that we should not be charged for something you told us not to do. I am definitely feeling discriminated againstWe were charged $for patching holes and painting.You responded (I'm addressing parts of this with ***): Generally, minor marks or nicks in walls are the landlord's responsibility as wear and tear (for example, worn paint caused by a sofa against the wall)Therefore, the tenant should not be charged for such marks or nicksHowever, a large number of holes in the walls or ceiling that require filling with plaster, or that otherwise require patching and repainting, could justify withholding the cost of repainting from the tenant's security deposit***We did not leave a large number of holes in the walls that would require plaster. If the holes that we left in the walls required plaster, than why didn't the holes left in the walls by the tenant before us require plaster? The tenant before us left holes, even large holes from screws, and they were not patched prior to us moving in. This leads me to believe that they were not charged to fix the holes that they left, which in turn leads me to believe we are being targeted and discriminated against. I'm not sure if it's my race or if it's just taking advantage of a woman in labor with a baby.*** In this situation, deducting for painting would be more likely to be proper if the rental unit had been painted recently, and less likely to be proper if the rental unit needed repainting anyway ***This seems to be an improper case because clearly the home was not recently painted since there were a lot of nail and screw holes left by the previous tenant. We only left nail holes, not screw holes like the previous tenant. It seems we are being charged for the holes we left and the holes the previous tenant left. In this case, it appears the home "needed repainting anyway".*** Generally, large marks or paint gouges are the tenant's responsibility***We did not leave large marks or paint gouges.***2) We were charged $to "hang carbon monoxide detector" (seems expensive to hang something on a wall), and $each for new smoke detectors (total of $85.50). I assume this is for the smoke detectors that needed to be updated to current law (which I still do not believe we should be responsible for). We were living in a home that was out of compliance from current law from July to November 2015. I would assume maintaining current smoke detectors should be a priority for the owner since it's a safety issue. It sounds like we are the scapegoat for the owner to buy new smoke detectors to get in compliance. 3) The total for the charges that I'm disputing is $295.50. Although I appreciate the offer, I think we should be given more than $100. Is $the best that you can offer? I would like the full $because I truly do not feel we are being treated fairly or equally. I feel that we are being discriminated against and taken advantage of because I went into labor and was not able to complete a move-out walk-through with ***

I am rejecting this response because: I paid for the house to get cleaned twiceI paid for hauling trash and for the garden workIf I left something behind I may have forgot but I think the trash cans were full and they charged me to dump that I don't agree withI provided proof of that and still got chargedThe living room was probably the most damagedThe rooms looked like new carpetEspecially after I paid to get them cleanedAll the receipts said full total cost

2/2/ Dear ***, Here are pictures of the carpet and the back yard. Attached also are two of the bills the property owner paid. The carpet replacement bill was $1696.72, of which you were charged $266.06. The painting bill was $1950.00, of which you were charged $ (Not attached, the cleaning bill was $and the bill to clean up the yard and haul away what was left was $375.00.) Please let me know if you have any other questions *** ***, Property Manager

Dear Mr. & Mrs. [redacted], Here are explanations for your questions in the e-mail dated 2/3/2016 as I understand them. 1.      All of the (old) smoke detectors had been removed from the walls.  Our contractor informs us that he cannot install or reinstall obsolete...

models of smoke detectors, but can only install currently approved models.  Possibly you have been following the news about smoke detectors—lots of new laws and requirements.  For a period of time, certain older models can be grandfathered in, but once they have been removed, we have to install what the current law requires.  Had you replaced the batteries and left the smoke detectors on the walls, I suspect there would not have been an issue. 2.      The carpet cleaning was found to be lacking.  I am sorry about that.  [redacted] did work to find the most reasonable charge to clean the carpet.  It was new when you moved in and there were a number of stains that still had to be removed.  I see in your notes that you were going to ask for a refund from your original carpet cleaner, so maybe this matter has been resolved. 3.      You are correct.  Our paperwork does ask that holes in the walls not be filled.  Our experience is that many (most) residents are not knowledgeable about how to properly fill holes, and when they attempt to do so, leave filling putty or plaster that comes above the holes requiring far more time and expense to sand them down and retexture the walls.  It’s less expense all around to have a professional take care of it in the first place.  [redacted] did not add in any of the patches, etc. that were noted in your move-in documentation.  She only included the patching or repairing of holes that she found to be above ordinary wear and tear, but nothing from before you moved in. 4.      The paint bill is for the hole patching attributable to your occupancy and the touch up painting for those holes.  The amount the owner paid is what was charged back to you. 5.      The removal charge was for several things:  the pool in the rafters that you mentioned, a rolled up carpet and some items in the back yard (I looked through the owner’s pictures and it appeared to me that the items were some tomato cages and miscellaneous tools.  $50 was what the vendor charged the owner for the job (travel time and dump charges). [redacted] did pass on your points to the property owner and he believes the charges are reasonable.  If there are any specific items that we have not addressed with the owner, please state them and we will relay them. I hope this letter better clarifies the process and reasoning behind the charges.  Thank you for contacting me.  I wish you the very best in 2016 with your new family member. [redacted]
[redacted]
[redacted]

1/24/2017Dear [redacted],   I’ve spent some time reviewing your file.  This is a very complex situation so I may need some clarification from you to get it resolved.  Our company is the agent for the property owner.  If we find that an adjustment or correction is called for, we...

will contact the property owner for approval to make the change.  The best approach when you receive a security deposit disposition and question any charges is to contact your property manager with your specific concerns so they can be addressed.  You may have information that the manager does not have and by sharing it, a quick resolution can be achieved. I could not find any information in the file indicating that you had contacted your property manager.   From what I can tell, it appears you entered into a one-year lease agreement on May 5, 2016.  For some reason you were unable to pay your full rent in October, 2016 and were served a 3-day notice to pay rent or quit.  You moved out on approximately October 19, 2016.  Initially that left you owing about $10,850 for the balance of your lease.  A new resident moved in on December 1, 2016, reducing what you owed on the lease to about $2450.00.   Unfortunately, there was considerable work to do after you moved out.  The property required carpet replacement throughout (you were charged a pro-rated amount—not the total), a complete paint job (you were charged a pro-rated amount), extensive cleaning, yard clean-up and trash haul, repairs, and a rental fee to locate a replacement resident for your lease.   The charges appear to be accurate, but are all open to discussion if you have additional information.  I understand you have received documents stating exactly what was charged for each item and received copies of the invoices for your records.  If you can indicate what you agree with and what you question, we can then take the process to the next step and hopefully come to a successful resolution.   Thank you for writing,   [redacted], Property Manager

Hello this is what I have I didnt get an invoice from the yard clean up they were a small hispanic business I found on Craigslist. That amount was $550.00. To haul the trash and pick weeds and tailor the bushes and trees in the front yard and back yard. I am not sure if you got my email regarding the receipts. I did sent the business copies of what I had. They comfirmed that they received them. And still proceeded to charge me for the cleaning and the carpet. They say that I didnt get charged full price for the carpet but didnt break down the charges. It only said total cost on the reciept direct from the company that preformed the service.

I am rejecting this response because: I paid for the carpet to get cleaned and paid an outside company to clean the house on move out twice. The whole house didn't need carpet. And the house didn't need to get cleaned again. I submitted the receipts. Why am I being charged for cleaning. Also I got charged a fee for breaking the lease why am I being charged for rent when I didn't live there? Upon leaving the house why did they give a prorated amount all the charge the full rent amount. I need to see the charges and total amount owed. After the corrects stated.

2/3/2017Dear [redacted], You may have paid for someone to clean the home and the carpet, but unfortunately there was still extensive cleaning and damage after that—the home and carpet were in very bad condition.   I have reviewed sixty pictures of the condition of the property when you moved out.  Here are a few more showing the repairs and cleaning that was necessary.  Do you have any pictures showing a clean carpet (especially in the living room—which is what I’m seeing in this picture)?  If so, please forward them. For your other questions, please see my first response to you.  With regard to the re-rental fee, please review your lease.  In it you committed to rent the home for one year, but moved out after five months.  When you move before your one-year lease is up, your contract requires that you pay rent until a new renter is located to complete your lease term.   There is a re-rental fee to locate a new renter.  It took approximately five weeks to put the home back together and locate a new renter. For further questions, please review your lease document. Sincerely, [redacted],Property Manager

I am rejecting this response because:1) All of the old smoke detectors were not removed from the walls.  Please refer to photo from the owner showing the smoke detector on the wall, but opened to change the battery.  Why are we being charged for all new smoke detectors, when the owner's photo shows a smoke detector still on the wall?  Please show us the document we signed that states we will be held responsible for smoke detectors being replaced if they are outda[redacted].  This seems like it would be the owner's responsibility to pay for upda[redacted] smoke detectors.  Please also cite the new law that [redacted] is referring to regarding smoke detectors.  If you do not have a signed document from us stating we will pay to ensure the smoke detectors are up to date, we should not be charged for new ones.  2) [redacted] did not answer my question in regards to the carpet.  I want to know the date that [redacted] inspec[redacted] the carpet because I believe she looked at it before we had it cleaned.  I would like to see the paperwork to prove what date she did her walk-through.3)  [redacted] said we are correct that your paperwork states we should not patch homes.  According to our lawyer, if your paperwork states not to patch holes, we should not be charged to patch holes, period.  Your paperwork does not state that we may be charged for holes that we don't patch.  We should not be charged for something you told us not to do.  Please show me the document we signed that said we will pay to patch holes, despite the fact that you told us not to.  If you cannot provide us with this, we should be refunded.  If the owner refuses to refund us, why can't you, as the property management company refund us for something you charged us for, but told us not to do?

When a resident causes damage above normal wear and tear and the owner has to fix it, s/he can charge the resident.  It’s the lease agreement that spells all this out and it follows California law.  This can be found in the California Department of [redacted] handbook:Common problems and how to avoid themThe most common disagreement between landlords and tenants is over the refund of the tenant's security deposit after the tenant has moved out of the rental unit. California law therefore specifies procedures that the landlord must follow for refunding, using, and accounting for tenants' security deposits.California law specifically allows the landlord to use a tenant's security deposit for four purposes:For unpaid rent;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;[redacted]For repair of damages, other than normal wear and tear, caused by the tenant or the tenant's guests; andIf the lease or rental agreement allows it, for the cost of restoring or replacing furniture, furnishings, or other items of personal property (including keys), other than because of normal wear and tear.215 [redacted]Or, this:4. Other damage to wallsGenerally, minor marks or nicks in walls are the landlord's responsibility as normal wear and tear (for example, worn paint caused by a sofa against the wall). Therefore, the tenant should not be charged for such marks or nicks. However, a large number of holes in the walls or ceiling that require filling with plaster, or that otherwise require patching and repainting, could justify withholding the cost of repainting from the tenant's security deposit. In this situation, deducting for painting would be more likely to be proper if the rental unit had been painted recently, and less likely to be proper if the rental unit needed repainting anyway. Generally, large marks or paint gouges are the tenant's responsibility.[redacted]

I am rejecting this response because: these picture were taken before we turned over possession of the property. You didnt call me back after I left a voice mail with your Secretary who didnt know how to transfer the call because she never had to do that. The law states that if I use an outside company to clean and provide the invoice than you cant charge me. What needed to be cleaned after I paid someone to do it twice and after you painted the house.? The house was very clean when we left. Is the owner aware of the charges that are supposed to be my responsibility? I would love to see the pictures of what needed to be cleaned after we left. Also I am not paying for a service tech to install an oven knob at the value of $10.00 for $45.00. I have the knob the owner can have it back. It got accidentally packed because my daughter kept turning the knobs and flooding the house with gas. I dont think that its a reasonable charge.