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Does landlord need to make repairs he deducted from my security deposit?

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renterSJC

Junior Member
What is the name of your state (only U.S. law)? California

I moved out of a California rental home in the middle of August. He deducted some monies for lawn repair.

I emailed the landlord 2 weeks ago to get receipts for the lawn repair and he has not done it yet. Is there some time limit to how long he can take to actually do the job?

How long can the landlord keep on claiming he hasn't had time yet to get the repairs done?

I first asked for receipts about 4 weeks ago (20 days after move out). I asked again about 2 weeks ago. Both times he said he had not yet had time to complete the repairs.
 
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os478

Member
Was the amount withheld without a receipt greater than $125? If so, the landlord must provide a receipt.

In California, they have 21 days to send the deposit, but there is some leeway to send an estimated deposit if the repair may not be done within 21 days. In that case, the landlord is supposed to estimate the cost and provide the name of the company performing the service.
 

renterSJC

Junior Member
Was the amount withheld without a receipt greater than $125? If so, the landlord must provide a receipt.

In California, they have 21 days to send the deposit, but there is some leeway to send an estimated deposit if the repair may not be done within 21 days. In that case, the landlord is supposed to estimate the cost and provide the name of the company performing the service.
Yes, the amount was $750. He gave me the estimate based on what he think it would cost. At 21 days, he took out some money for some cleaning (provided receipt) and this $750. But the $750 was only an estimate because he said he had not had time yet to do this repair. I asked for the receipt at that point. Two weeks after that I asked for the receipt again.

What should my next move be? Ask for receipt again OR now that it has been 14 days past my receipt request ask for the $750 back?
 

os478

Member
Yes, the amount was $750. He gave me the estimate based on what he think it would cost. At 21 days, he took out some money for some cleaning (provided receipt) and this $750. But the $750 was only an estimate because he said he had not had time yet to do this repair. I asked for the receipt at that point. Two weeks after that I asked for the receipt again.

What should my next move be? Ask for receipt again OR now that it has been 14 days past my receipt request ask for the $750 back?
Send certified mail demanding that the amount withheld be returned by a certain date as. For reference, I gave my landlord 1 month, but I was out of state as well.
 

os478

Member
What makes you think the landlord must provide you with receipts?
It's part of Civil Code Section 1950.5, here is an exerpt

(2) Along with the itemized statement, the landlord shall also
include copies of documents showing charges incurred and deducted by
the landlord to repair or clean the premises, as follows:
(A) If the landlord or landlord's employee did the work, the
itemized statement shall reasonably describe the work performed. The
itemized statement shall include the time spent and the reasonable
hourly rate charged.
(B) If the landlord or landlord's employee did not do the work,
the landlord shall provide the tenant a copy of the bill, invoice, or
receipt supplied by the person or entity performing the work. The
itemized statement shall provide the tenant with the name, address,
and telephone number of the person or entity, if the bill, invoice,
or receipt does not include that information.
(C) If a deduction is made for materials or supplies, the landlord
shall provide a copy of the bill, invoice, or receipt. If a
particular material or supply item is purchased by the landlord on an
ongoing basis, the landlord may document the cost of the item by
providing a copy of a bill, invoice, receipt, vendor price list, or
other vendor document that reasonably documents the cost of the item
used in the repair or cleaning of the unit.
(3) If a repair to be done by the landlord or the landlord's
employee cannot reasonably be completed within 21 calendar days after
the tenant has vacated the premises, or if the documents from a
person or entity providing services, materials, or supplies are not
in the landlord's possession within 21 calendar days after the tenant
has vacated the premises, the landlord may deduct the amount of a
good faith estimate of the charges that will be incurred and provide
that estimate with the itemized statement. If the reason for the
estimate is because the documents from a person or entity providing
services, materials, or supplies are not in the landlord's
possession, the itemized statement shall include the name, address,
and telephone number of the person or entity. Within 14 calendar days
of completing the repair or receiving the documentation, the
landlord shall complete the requirements in paragraphs (1) and (2) in
the manner specified.
(4) The landlord need not comply with paragraph (2) or (3) if
either of the following applies:
(A) The deductions for repairs and cleaning together do not exceed
one hundred twenty-five dollars ($125).
(B) The tenant waived the rights specified in paragraphs (2) and
(3). The waiver shall only be effective if it is signed by the tenant
 

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