Reynolds Properties, Inc.

Initial Business Response /* (1000, 8, 2015/11/16) */
The tenant was provided with an Itemized Disposition of Security Deposit (pursuant to Calif CC 1950.50(b))and copies of all receipts on 10/20/2015. Final walk-through was on Sept 30 when keys were,but not all copies.
We agree that the tenant...

was given a verbal promise to return as much of the security deposit as possible, but after she left we discovered that the property condition was really bad and not nearly in the same condition as it was when she moved in (less normal wear and tear). Unfortunately,there was nothing left of her security deposit to return and she technically owes the owner money (which is not being sought). This isn't our normal business practice. We usually are able to recommend that owners return most, if not all, of the security deposits received. It's a rare situation (such as this one) where nothing is given back.
At final walk-through, she told us there was a recent cockroach infestation, but afterwards we found them in every room, including the bedrooms. They were crawling on the walls, falling off cabinet doors and coming out of the carpet. The kitchen was covered with them. The pest service technician told us the infestation was not recent; she was charged for it because it was due to the living conditions inside the property. They were not there when she moved in.
The tenant did no cleaning prior to returning the keys. She was told that it was possible she'd get money back after we did the cleaning, but the condition was so bad, we were charged accordingly so it wasn't possible; it was just too dirty and there was junk, trash and garbage left to be hauled away.
The carpets were not cleaned. The technician charged extra for the ground in dirt.
There was still much of her personal property left inside the condo, on the patio, in the garage and in the two outside storage closets as well as several cans full of trash and foul smelling garbage, which was full of flies. She left pieces of furniture, a broken BBQ, patio lights, toys, weights, a broken t.v., a tire and rim, mops, brooms, vases and other misc. items, all of which had to be removed.
She broke the vertical blind on the slider, which was new when she moved in and the screen to it (also new) was torn from the frame (all across the bottom as if chewed or clawed by an animal).
There was dog poop in the dirt on the patio (there was a NO PET clause in the lease) and we found a dead bird as well. When she moved in she asked about a pet and was told "ok" with pet deposit. She never paid the deposit, so there was never a pet allowed. I realized the dog had been there when I asked about it after I found the poop; she told me the dog was a little chihuahua who didn't really live there, but the poop and torn slider screen indicate otherwise.
The sink in the main bathroom was clogged with q-tips, toothpaste caps, etc. The tenant told me it had just happened so I told her not to worry, but the plumber said it was there a long time and was due to neglect and letting stuff go down the drain. She had to be charged to unclog it.
Three of six light shades on 2 ceiling fans were broken; two overhead light shades were missing; nearly all of the light bulbs were burned out or missing;; there was a penny stuck in the garbage disposal and it took a plumber to get it out; two window screens were missing; all of the smoke alarms had been removed and batteries taken out; 2 kitchen drawers were broken (we suppose this could be considered normal wear and tear and would be willing to remove the $25 labor charge from the charges) a toilet paper holder and towel rack had also been pulled off the wall in the bathrooms (we would be willing to remove the $25 labor charge from the charges).
During her tenancy, she received at least three notices of violations from the HOA. The last one was in Summer 2015 for excessive noise. She didn't pay the fine. It was $100 and still owed when she moved out. There were some occasional problems with rent. She rarely paid on the due date and bounced numerous checks (3 in June 2015 alone). She always made them up and also paid the extra fees and never got 30 days or more behind on her rent.
The problem for the tenant was lack of reasonable care for the property; we wish it wasn't so because we rarely recommend to owners to keep the entire security deposit. Prior to this we had a very good relationship with this tenant.
Deductions:
$100.00 HOA fine
$339.95 Handyman charges (includes cost of light shades, vertical blind; reinstall toilet paper holder and towel holder, repair kitchen drawers, reinstall smoke alarms, haul off trash and garbage)
$315 Housekeeping service
$368.75 carpet cleaning
$150 pest service
$69 (unclog sink)
$230 re-screen slider screen and replace 2 missing screens.
The damages and cleaning came to over $1500. There was nothing left to return to this tenant.
Prior to her move in the property was cleaned and the carpets were also cleaned. A new screen was installed on the sliding glass door; all the light fixtures and bulbs were working; there was no trash on the property; there was no cockroach infestation.
Our offer is to delete $300 from the charges:
$50 labor to fix kitchen drawers and $250 off the carpet/house cleaning. There still is nothing left to return to the tenant. See below:
$950 Sec Dep paid by tenant.
-$100 HOA fine
$850 balance
-$150 Pest Service
$700 balance
-$230 slider screen re-do/2 new screens
$470 balance
-$69 plumber for sink and garbage disposal
$401 balance
-$200 labor/haul trash includes $50 credit
$201 balance
-$89.95 vertical blind and light shades
$111.05 balance
-$315 housekeeping
-$203.95 negative balance
-$368.75 carpet cleaning
-$572.70 negative balance
+$250 cleaning credit
$-322.70 Negative Balance with credits.
No matter how we work the numbers, how hard we try to find a way to help or give credits, there is still nothing to return and technically she owes money to the owner.
Initial Consumer Rebuttal /* (4200, 13, 2015/11/17) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The fees that are being charged are not what was agreed in the final walk through, the landlord came prior to me moving to show the residence to future tenants and explained how happy they were with place and how much nicer it was then their previous home, the carpet was old and stained when I moved in and can be found on the original walk through, also the smoke detectors should have been inspected yearly which they were never inspected in the 3yrs plus that I lived there, as far as the bug problem the entire complex is filled with bugs and whenever I let Debbis know she say pickup some spray from Home Depot, some of these fees charged are bogus and invented and I feel I should be held liable for negligence of the landlord. I lived there for 3 years and when I first moved in The landlord said she'd try to get the carpet replaced which never happened, I'm not sure how old that carpet is but I don't believe I should be charged when the carpet already had stains and cigarette burns which can be found on the original walk through. There's fees being charged in here that renters laws clearly stare cannot be charged.
Final Business Response /* (4000, 17, 2015/12/01) */
The problem is that on the final walk-through I verbally told the former tenant that I would try to get up to half of her security deposit back to her. She's a struggling single mother.
We agree that the carpet was in bad condition when she moved in, but it had been cleaned. She didn't clean it when she moved, so she was charged for it. If she had cleaned it herself, there wouldn't have been charged for carpet cleaning. She was not ever charged for the original stains and burns that were noted when she moved in, only additional charges for extra dirty carpets. The only thing she left as carpet damage was some purple wax from a candle or crayon in one of the upstairs bedrooms. But because she is objecting so strongly, we'll eliminate the carpet cleaning charge of $368.75.
The only time she ever told me personally about cockroaches in her condo was the day she left and at that time she told me it had just happened. But according to the pest service that wasn't possible because it was invasive throughout the condo, including the upstairs bedrooms and carpets. If she mentioned it to maintenance, I am unaware of it because I never tell anyone to buy traps for control. You have to spray and do a follow-up spray. But because she is so adamant about it, we'll drop the charge for the Pest Service as well, $150.00
On the day she left, she gave me only one two copies of the key and hasn't returned the other yet.
On walk-through day, she still had a few items in the house, on the patio and in the storage areas and garage. I moved the stuff out of the house (vases, junk, not much)to the patio. She promised to come back later and get all the rest of her trash and stuff. She never came back. She left the garage full of trash and furniture. She left two storage areas full of stuff which we had to get rid of. She left garbage and trash cans overflowing, full of flies. She left dog poop and a dead bird on the patio in the dirt. She left an old tire and rim, a BBQ, patio lights, broken t.v., toys, barbell weights, etc. She had access to the garage and patio after she gave me the key and promised to return later that day to remove the items mentioned above. She never came back and left it all for us to deal with. We had to hire someone to come and get it and haul it off. That's part of the labor charges. We're going to reduce the labor charges for her from $339.95 to $150 as a gesture of good faith.
She broke the vertical blind which was installed new on the dining room slider when she moved in. She allowed her family or an unauthorized pet to tear the screen out of the slider screen door which also was installed new after she moved in. The upstairs bathroom sink was clogged with q-tips and toothpaste caps, among other items. She specifically told me it had just happened, but the plumber said no way. It had been clogged for some time. The garbage disposal had a chewed up penny in it that was stuck preventing it from working and had to be pulled out by a plumber.
I agree that I told her I would try to get as much as half of her deposit back. But given the condition she left it in, we just have no choice but to retain it to cover as much as possible. Understand that the owner has to pay for the rest.
I was always sympathetic to her situation as a single mother and I tried to help her the entire time she lived in the condo. The damages and lack of cleaning were simply too great and are documented by all of the receipts provided.
We'll take the carpet, pest service and more than half of the labor charges completely off, but the reduction only takes it down to $953.95. There still isn't anything to return to the tenant and for that I'm truly sorry.
$100.00 HOA fine
$315.00 Housekeeping
$230.00 Screens
$ 89.95 Vertical blind and light shades
$ 69.00 Plumber for sink and disposal
$150.00 Handyman charges
$953.95 total reduced charges.
Carpet cleaning $368.75 waived, no charge
Pest Service $150.00 waived, no charge
Labor charges $189.95 waived, no charge
As you can tell from our correspondence regarding this matter, the damages and cleaning charges far exceed what was paid in security. We've changed them around and given credit, but it's still over. I don't know what else we can do.
This is all we have to submit on this matter.