The Word of the Day is: Bullshit

[oysteryogurt]

After more than 4 months, I finally received a call back from Jason's mom this morning regarding my deposit from when I lived with him.

In brief, here was the conversation:

"Hi Leo, this is Penny, Jason's mom. I guess you've been calling Jason and I'll assume it was regarding your deposit." (bullshit already, because I know Jason told her that

Comments

[rozza]

Renters have rights! http://www.dca.ca.gov/legal/landlordbook/sec-deposit.htm

These stuck out at me:

Under California law, within 21 calendar days after you move, your landlord must either:

* Send you a full refund of your security deposit, or
* Mail or personally deliver to you an itemized statement that lists the amounts of any deductions from your security deposit and the reasons for the deductions, together with a refund of any amounts not deducted.165

The landlord also must send you copies of receipts for the charges that the landlord incurred to repair or clean the rental unit and that the landlord deducted from your security deposit. The landlord must include the receipts with the itemized statement.

I would seriously ask to see receipts and any other paperwork. Don't take her word for it. And I seriously doubt one cat would pee so much that it would soak completely through the carpet.

[oysteryogurt]

Hah, it's funny I was making some lunch and then I was planning on coming back in here and searching for some stuff about rental law. You did the work for me!

I definitely think that what you listed applies. However, I am slightly concerned about still trying to get it back, as it may require a claim in small claims court which can lead to a countersuit, as they talk about on that site. I don't know that she has invoices yet ... she said that it is "going to cost $700" which implied that she hasn't had it fixed yet ...

[rozza]

Haha, well a few years ago we had a situation where the people who own our house wanted to sell, so my dad went nuts looking up renters rights and so on. Plus, Jonathan and I did an online real estate class a year or so ago, so some of it stuck.

Well, it doesn't sound like she has actually made a good faith estimate--if she's supposedly taking the advice if the person remodeling the house, then I would imagine there would be a paper trail of some kind. And even if there isn't, she still owes you an itemized statement and I would demand that, citing the proper laws and what not. Haha I feel all Damn the Man, Save the Empire! But given how long it took her to get back to you, and the tone of conversation, it just seems really fishy to me.

If you do decide to go to small claims, you could always get Pre-Paid Legal to help you out/represent you.

[oysteryogurt]

I do want to do some sort of follow-up with this. How do you think it'll effect things that I was never on a printed lease? Since I was subletting from a friend, we never signed any paperwork ...

[rozza]

I believe that you still count as a renter in the eyes of the law, as you had an oral agreement, right?

rental agreement - an oral or written agreement between a tenant and a landlord, made before the tenant moves in, which establishes the terms of the tenancy, such as the amount of the rent and when it is due.

I definitely think you should order the booklet this is from... you can do so at http://www.dca.ca.gov/legal/landlordbook/howtoorder.htm
and it's free as long as you order just one. Haha.

[oysteryogurt]

Yeah, we did have an oral agreement ... and I did live there for 1 1/2 years, so it's not like it was a brief tenancy.

I'll definitely see about ordering that. Thanks!

[studxkitten]

smart friend you have there. this makes me feel bad, even though i know it's not my fault. while he did tear up a corner of carpet, there is no way tony peed on the carpet. in his thirteen years of being a cat (as opposed to another creature) he never has peed anywhere but the litter box. what a bunch of shit, and i'm sorry that it has to go down this way.

as far as having him longer than she expected, wasn't jason aware of the cat? i'm sure if it was such a huge issue he would have said no in the first place. plus there were the two dogs (and weren't they both not his?). i don't know if you're still talking to her, but was there any chance that jason's mom pulled the same shit on the girl who used to live there with her dog?

you should definitely demand proof of payment, and demand to see some kind of proof that this actually happened. for all you know, she could just be interested in replacing the carpet and using this as a way to pay for it. who knows?

[oysteryogurt]

Haha, yeah that's Jonathan's sister posting all that info. She's on top of stuff like that

[oysteryogurt]

Ugh, more money woes. I just got a call from the landlord of the new place that I plan on moving into on May 1st, and she is going to be sending me the lease to sign and wants me to pay my deposit at the time of lease signing. That's $625 that I don't have ... and of course I couldn't tell her that I don't have that money right now. This is going to be a fun week trying to come up with like $1500. Hah.

[rozza]

You could always try to get a short term loan from CSUS... I think you have to pay it back within 60 days, but it's interest-free. Check it out! Or you could try one of those cash advance places. I checked my CasperWeb and my money has been released, so it and theoretically your check is already in the mail. Just a question of it actually showing up.

OH, and re: her address, you can try to find it on Zaba Search. Heh. It's awesome, although it's info on me is wrong (it left out my old apartment number and I am listed as a 40 year old male).

[oysteryogurt]

I checked casper today and my money has been disbursed, too. However, after talking at length with financial aid this week I have learned that the checks won't actually be in the mail until Monday. Those funds, however, are going towards my normal bills (credit cards, car payment, and the rent at my current house). I'm sure I'll be able to manage with those normal bills until the check gets here, but then it's a matter of trying to get money for my deposit. Maybe I'll look into those short-term loans. Do you know anything about them?

I don't think I know her last name, unfortunately, as it's different from Jason's last name since she remarried.

Hey, you like Morrissey, right? Have you listened to the new album yet?

[rozza]

Ew, that's annoying. About the actual checks not being sent out til Monday. Although I suppose that means we'll get them on Tuesday or Wednesday. Alas. I don't know much about the short term loans--I think you're supposed to stop by the office and see what the criteria is, and to apply.

Recon! :P Or could you ask Jason, or would he not want to get involved as it's his mom?

I do love Moz, and I have his new album. Also the new Embrace and Snow Patrol; my friend really came through and sent them my way. I really like it, although there's one song that's rather sexy, as in about sex, not just sexy-sounding. And it's sort of weird, coming from Moz. But I still like it, and I love the title. :)

[oysteryogurt]

Yeah, I don't think we'll get the checks any later than Wed. If the school wasn't closed tomorrow they might have been mailed out then ... but it would figure that it's a holiday. Haha.

I could ask Jason, though he really doesn't like getting involved in the money things between his parents and his friends who lived with him. It'll probably come down to me asking him.

I just recently got a hold of the new album, and I've been listening to it. I like it, because I don't think he can really do any wrong ... but I don't think I like it quite as much as his last album. The title is definitely great.