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Can the Landlord charge us for water bills once we cash the discounted security deposit?

South San Francisco, CA |

Landlord sent us security deposit with discounts in everything that had rust,now we believe she has intentions of making us pay water bill increases period from March 2011(when we moved in) til December 2012..According to landlord, before we moved in,a very old lady lived there with cats.Of course the bill would increase with a couple moved in.She called us one month before we moved out to report that bill had increased since we moved in &sent us the security deposit with graphics of PG&E mentioning she was waiting on January 2013 bill after we moved out. As I said before, shes charging us for rust from that tiny humid studio, and now we see her intentions with water bills.We believe it's a law suit matter.Can she charge us for water bill after we moved out?We havent cashed sec deposit yet

Attorney Answers 3

Posted

Please deposit the check, as most check are not negotiable after 90 days. Whether or not you are liable for the water bill or a portion thereof depends on many things, but primarily the lease agreement. I would review the lease to see if it speaks to that issue.

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Thank you. I have the lease agreement and please feel free to call me about it. Thanks again!

Posted

Anyone can pretty much sue anyone else unless there are other issues.. She'd have to go after you in small claims court and it may not be worth the LL's time. Cash your deposit and see what the LL tries to do.

Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.jslaw.org This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.

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Thank you for your help

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Posted

The issues are: water bill increase reported one month before we moved out (clause in lease is that we are responsible for increase over 20%, but were never reported for a year), and she charged us for rust and has a letter from us in which we mention that we are not responsible for rust. If we cash the check, it could go against what we actually know and wrote to her -that we are not responsible for rust. She charged us for everything with rust, even in the bathroom at all metal covers (for plumbing) under the sink and behind the toilet.

Posted

Yes, the landlord can still charge you for the water bills even after sending you the discounted security deposit refund. So go ahead and deposit the check. There is a good chance the landlord won't sue you for the water bill after you moved out.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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Thank you

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