tbul@trsvax (08/21/85)
This is the situation: When I moved into my apt about 5 years ago, I paid $175 security deposit (half month's rent). Recently, I moved out and got back $7. They charged me 14 hours of work @$12/hour for a total of $168. The problem is that I thoroughly cleaned the apt myself. On the day of the move, after we had finished moving the stuff, I vacuumed in front of my friends. They charged me for vacuuming. They charged me for cleaning the ceilings (stucco type ceiling!) and the walls when they should have been painted (I filled in all holes). They charged me for cleaning the stove burner plates even though they were not installed on the burners (I never used them and just re-installed them before I left), washing and waxing the upstairs bathroom floor even though the floor was faulty (epoxy never dried when they put in new floor tile). They violated the lease by sending me my deposit past the 30 days after I surrendered (turned in my keys) (it was only about 5 days late). In any case, if they do not reimburse for all but 2 hours of labor (some things I did not clean, like under the fridge and wasn't that thorough with the light fixtures) I am taking them to court. Questions: A few questions come to mind: I would like to picket outside the complex. From my limited knowledge, I know that only the person wronged can picket, not my friends etc. I would put on the sign some things like "I won't live here again", "$12/hr cleaning fee takes U to cleaners", "You won't get full security deposit back" - something the cleaner admitted to me even though the lease says otherwise. Is this type of picketing legal to do? Has anyone gone to small claims court? What lessons were learned? Would you do it again? What does it cost? I know it won't be easy to prove that I cleaned the apt, but I do have some people that did see it just before moving (after most of it was cleaned by me). I am quite sure that I can win, at least I can get back more than $7. Any suggestions? By the way, the place is Richland Chateau, Richland Hills Tx (part of Fort Worth, TX). Rent on the apt is up to $465 + utilities but my security deposit was never increased (it is probably is still half month's rent). ............................................................................ "Find an aim in life before you run out of ammunition." - Arnold Glasow Thomas Bulkowski allegra!convex!ctvax!trsvax!tbul Fort Worth, Texas
mkw0@bunny.UUCP (Maurice Wong) (08/30/85)
> > Has anyone gone to small claims court? What lessons were learned? Would > you do it again? What does it cost? > > I know it won't be easy to prove that I cleaned the apt, but I do have some > people that did see it just before moving (after most of it was cleaned by > me). I am quite sure that I can win, at least I can get back more than > $7. > > Any suggestions? > I sued someone who put a dent on my parked car a few years ago in Illinois. The experience was mostly positive. Initially I spent probably about $15 to file, and then perhaps the same amount later on when I had to file again because the guy didn't pay even though the judge ordered him to. I remember the procedures were quite straight forward. The worst part was sitting in court waiting for the case to be heard. I must have been in court 3 to 4 times for 2 to 3 hours each time. One thing to note is that my case was straight forward: the guy admitted his fault, but the problem was that he wouldn't pay. If I were you, I would first write a letter to the landlord stating clearly that the apartment was left in clean condition (mentioning witnesses may help) and firmly demanding return of the deposit. If you are serious about small claims court, you should say in the letter that if you don't get the deposit in one week (or another reasonable amount of time) you will take the matter to small claims court. This letter is needed later on to attach to your complaint. Of course you should check on how much it will cost to file in your area, and also consider whether the time spent waiting in court will be worth it. Did your landlord give you a copy of the cleaning receipt? Things might be harder for you if there is evidence that the landlord did pay for the cleaning. You might also want to check with the local tenants association for information and/or advice. Some of these associations are quite helpful. -- Maurice Wong ARPA or CSnet : wong%gte-labs.csnet@csnet-relay UUCP: ...harvard!bunny!mkw0