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Posted by Gabriel on January 03, 1997 at 23:06:35:

I occupied a house 30 months (first year lease then month to month). Early
September 96 I verbally notified the landlord that the garage roof was
leaking resulting in damages to some equipment I had in storage. I also
witheld $340 (out of $1,340 rent) from the rent in an attempt to force him
to do the repairs .Since he did not do anything, on October 21, I gave written
30 day notice of intention to vacate. Instead of acknowledging my claim,
the landlord ignored my notice and summoned me to pay rent or quit, asking
me for the October balance, + the month of November + an additonal 30 day
notice.. I did not pay rent in November, intending to use my one month security
deposit. I proposed a walk-thru to the landlord but he refused. I then left
on the 22nd of November as planned. The landlord sued me in small claims for
$2,900. He LOST most of his claim, but the judge allowed him $325 cleaning
charges in spite of the fact that I had left the place spotless (walls patched
and ready for paint) and presented to him 3 affidavits from different people
to this effect. He also allowed the landlord the last week of November rent,
despite the fact that I did not occupy the premises and had given 30 days
notice. It's not all bad though, as the judge did allow me interests on my
security deposit (5% on $1,340 over 30 months). Bottom line is I have to pay
$525, which I do not feel I owe.

Is the landlord entitled to the cleaning charge after 2 1/2 years ?
If yes, isn't $325 exagerated ? Also, why did I have to pay the last week
of November when I was not occupying the premises ? SHOULD I APPEAL ?????

Note: I am suing the landlord for the damage to my properety for negligence
on his part for $6,500.

Follow Ups:

• Re: APPEAL TO SMALL CLAIMS TenantNet 1/04/97 (1)
  • Re: APPEAL TO SMALL CLAIMS Gabriel 1/06/97 (0)

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Comments:
: I occupied a house 30 months (first year lease then month to month). Early 
: September 96 I verbally notified the landlord that the garage roof was 
: leaking resulting in damages to some equipment I had in storage. I also 
: witheld $340 (out of $1,340 rent) from the rent in an attempt to force him 
: to do the repairs .Since he did not do anything, on October 21, I gave written
: 30 day notice of intention to vacate.  Instead of acknowledging my claim, 
: the landlord ignored my notice and summoned me to pay rent or quit, asking 
: me for the October balance, + the month of November + an additonal 30 day 
: notice.. I did not pay rent in November, intending to use my one month security 
: deposit. I proposed a walk-thru to the landlord but he refused. I then left 
: on the 22nd of November as planned. The landlord sued me in small claims for
: $2,900. He LOST most of his claim, but the judge allowed him $325 cleaning 
: charges in spite of the fact that I had left the place spotless (walls patched
: and ready for paint) and presented to him 3 affidavits from different people
: to this effect. He also allowed the landlord the last week of November rent,
: despite the fact that I did not occupy the premises and had given 30 days
: notice. It's not all bad though, as the judge did allow me interests on my 
: security deposit (5% on $1,340 over 30 months). Bottom line is I have to pay
: $525, which I do not feel I owe.

: Is the landlord entitled to the cleaning charge after 2 1/2 years ?
: If yes, isn't $325 exagerated ? Also, why did I have to pay the last week 
: of November when I was not occupying the premises ? SHOULD I APPEAL ?????

: Note: I am suing the landlord for the damage to my properety for negligence
: on his part for $6,500.


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