Landlord is lying to keep my money

[Wanderlust07]

What is the name of your state? CA

Greetings

I recently left the home I was renting, and was told 30 days had to pass before I received my security deposit back. The home was left in great condition. I cleaned it thoroughly and nothing was damaged (with the exception of two sets of blinds I already paid for). So I was confident I would get my security deposit back. This 30 day thing was news to me, because everywhere else I lived, the landlord inspected on the day I moved and reimbursed me on that day.

I visited my neighbors a few days after my move was final. I saw painters and plumbers working on my former residence, and peeked in to see their progress. Well, obviously they were tracking dirt everywhere and using the bathroom. I guess they did not clean up the place, because now my landlord is deducting a cleaning bill from the deposit! I cleaned the place spic and span! Can he do that? I should not be responsible for cleaning up after people who messed the place up when I was already gone!

When I lived at this residence, the landlord gave me $40.00 cash and asked me to buy some flowers for the yard. I planted them. Some were still in the yard when I moved, but some had died (though they were all cared for properly). I also had my own potted flowers, which I purchased with my own money, that I kept on front steps in the pots. I am told if you install/plant something the landlord owns it (even if you pay for it). But my potted flowers were mine, because they weren't planted, right? So of course I took them with me. The landlord is calling my flowers "stolen" and charged me for replacements. He has no proof they even existed. He doesn't have a receipt for the flowers I bought with his money either. I have that.

A month before I moved, my cat had damaged two blinds in the residence. They were the only blinds in this particular room. To make it easier for him than to deduct from my deposit, I added a few dollars more to the rent check to reimburse him. He cashed the check so the blinds are paid for. But after I moved, he bought a whole bunch of new blinds for the house, and is charging me for them! There was nothing wrong with any of the other blinds in the house. They were clearly upgrades. He called them "replacements" but didn't even say they were damaged because they weren't. Can he charge me for his own personal choice to upgrade?

All of this sounds grossly illegal to me. I didn't take pictures before I left, but he wouldn't have any proof of other damaged blinds, unless he's so psycho that he damaged them, and then took pictures. But I doubt he did that. He would not have *any* pictures of my potted flowers he calls "stolen", and I am a witness to the mess the workers made after I moved, as are my neighbors who saw the house clean before they showed up.

Is he allowed to do any of these things? If this is legal, it seems like a landlord can just contrive grounds to keep your money, even if he has no proof.What is the name of your state?What is the name of your state?

 

[Cvillecpm]

Assuming you are NOT in an area covered by rent control, you should research California Civil Code section 1950.5.....you should have received notice of the right to a pre-inspection and your deposit should have been accounted for within 21 days.

 

[Wanderlust07]

He sent us the letter after about 17 days, so he is within the 3 weeks. It was just an initial red flag that he said 30 days. I have no idea if I'm in a rent controlled area.

According to California Civil Code section 1950.5, it confirms that he can deduct from my deposit if I'm responsible for any damages. But I didn't see anything saying the landlord cannot contrive reasons to withhold the deposit, or that he must prove it.

I don't know what I should do. I did not witness the inspection, if there even was one. The inspection is obviously pointless because he's just making things up anyway. He already has new tenants so I don't see how a new inspection would work in my favor. My flowers are still mine, I still know that the house was clean by the time I left and before his workers showed up, and I know the blinds were in perfect condition.

He gave me a copy of his reciepts for his upgrades. He just has no proof they were because of me.

Am I screwed? Or does he have to prove his claims?

I'll be really shocked if someone can do this. It's a world gone mad!

Should I take him to court?

 

[CA LL]

Sure..anyone can sue anyone. You don't say how much the deposit was, how much he deducted by each item, etc.

He followed the law within the 21 days and sent receipts.

The burden of proof is more on the person filing the lawsuit. Do you have a signed condition checklist and pictures from when you moved IN? And moved OUT? Probably not.

So unless you have proof..if you file a lawsuit in small claims, I'm not sure what evidence you have to show the LL really. The plants..that were stolen..he will have proof he gave you the money for flowers/plants but how can YOU prove that the pots you took were not ones paid for with his money? And can you prove that the ones you planted that died...that he did pay for were not due to you not maintaining properly?

You didn't really post exactly what the statement says and the full itemization so pretty hard to give anymore specific info. But your option is to pay the fees, file in small claims court and then have enough evidence and be very good and efficient in your presentation in court.

You don't know..maybe the LL DOES have pictures of the blinds before and after.

Sounds like very little is in writing which is what will be expected in court. Next time be sure you complete and sign a condition move in list and that the LL takes photos.

Unless you post more..that's about it from me I guess.

 

[Cvillecpm]

YOU should have followed the law for your rights BEFORe your move out. The landlord knows his RIGHTS so why don't you know YOURS?

Planting flowers is not the same as cleaning the property and repairing any damage you caused during your tenancy.

 

[Wanderlust07]

YOU should have followed the law for your rights BEFORe your move out. The landlord knows his RIGHTS so why don't you know YOURS?

Planting flowers is not the same as cleaning the property and repairing any damage you caused during your tenancy.

The rights I am aware of is that someone cannot defraud me by lying about liabilities which aren't attributed to me. It sounds like you are saying it's legal for him to steal my money. If he took me to court for this money instead of stealing it, his case would be thrown out! That's why it's theft!

I know planting flowers isn't cleaning or repairing, what's your point? I should not have mentioned the flowers he gave me cash for. It's not relevant! My question was, aren't my flowers in pots MY property? A simple yes or no will suffice. If they are my property, they are not stolen.

My deposit was $500. He gave me about $260 after the deductions. He's charging me for things I'm not responsible for. Doesn't he have to prove I'm responsible?

So what if he gave me reciepts? That recipts proved that he had the place cleaned after the workers messed it up, that he bought some flowers, and he bought some blinds. The reciepts don't prove that I am the reason he did these things. Those were all upgrades. If you lent me money and I deducted for a paint job on my car, saying you keyed it, don't I have to prove YOU keyed it?

His reciepts aren't photographs of missing flowers, broken blinds, or a messy house. He upgraded and is billing me for it.

I don't have pictures from moving in or out. I have a signed condition statement.


"The plants..that were stolen.."

Are you saying he owns my potted flowers?

He has no proof that he gave me the money for the flowers I planted. It's not like he videotaped the transaction.

He has no proof my flowers existed. I didn't take pots. I took my potted flowers. I already said that. I also said he doesn't have the receipt for the flowers I bought with his money, so he has no proof they existed either.

By your line of logic, you are basically saying he can deduct for anything. He can lie and say there was a fountain that I "stole", even if it never existed.

I can't prove his flowers died. I have the receipt that shows it was paid for with cash (as I said, he gave me cash). He can't even prove the cash was his. The planted flowers are irelevant, because he did not charge me for the dead flowers. He charged me for stealing my own property.

The statement just itemized the cleaning bill $150, blinds $50 and Flowers $40

I can't believe I have to proof a negative, but he doesn't have to prove a positive. This is ridiculous! You can't prove a negative!

Why doesn't he have to PROVE I'm responsible for these things?

 

[ENASNI]

I can't believe I have to proof a negative, but he doesn't have to prove a positive. This is ridiculous! You can't prove a negative!

Why doesn't he have to PROVE I'm responsible for these things?

Welcome to law.

Please do not put your bookbags in the aisle and make sure your wireless laptop is not used during class. That is reason for dismissal.

OKay class. " What does dismissal mean?' lay-terms. legal.. lets brain storm....

 

[Wanderlust07]

Instead of being sarcastic....


Can someone either say "Yes, people can legally contrive grounds to take your money, with no proof that you are responsible"

Or

"No, they cannot take your money unless they prove you responsible"

Please. It's very simple. It's all I wanted to know.

 

[treese]

The landlord can make whatever legal deductions that he feels you are liable for.

If you disagree, send a letter disputing the deductions. Give him X amount of days in which to refund the disputed amount to you.

If he does not refund the disputed amount, file in Small Claims and let a judge decide.

It's that simple.

 

[Wanderlust07]

"The landlord can make whatever legal deductions that he feels you are liable for."

Yes I know that. If he felt I was liable, then I would not have a problem. But he doesn't feel I'm liable. He knows the house was clean, and that the blinds were in perfect condition. He is lying. I still don't know if he can claim to own my potted flowers, but if they are not legally his, he is lying about that as well.

These are not legal deductions, you see.

"If you disagree, send a letter disputing the deductions. Give him X amount of days in which to refund the disputed amount to you.

If he does not refund the disputed amount, file in Small Claims and let a judge decide."

I guess that is what I will do. The site given to me says the landlord cannot keep the security deposit unless damages were made. There were no damages. He lied. I find it shocking he doesn't have to prove I am responsible for his upgrades, or that my flowers even existed.


I really wish someone would say "Yes, he can legally make up reasons to keep your money, without proof that what he says is true". That is not the same as the first statement you made. Legal implies I caused damages. I did not.

 

[CA LL]

If you disagree, send a letter disputing the deductions. Give him X amount of days in which to refund the disputed amount to you.

If he does not refund the disputed amount, file in Small Claims and let a judge decide.

It's that simple.

 

[ENASNI]

let the judge decide. Law. Law Law.. we will see Huh

Someone left the cake out in the rain, i don't know if i can take it. It took so long to make it.... laa laa laa.

There are so many answers to your questions young grasshopper, you need to go to court to get them.

 

[Pat88998899]

What is the name of your state? CA

Greetings

I recently left the home I was renting, and was told 30 days had to pass before I received my security deposit back. The home was left in great condition. I cleaned it thoroughly and nothing was damaged (with the exception of two sets of blinds I already paid for). So I was confident I would get my security deposit back. This 30 day thing was news to me, because everywhere else I lived, the landlord inspected on the day I moved and reimbursed me on that day.

I visited my neighbors a few days after my move was final. I saw painters and plumbers working on my former residence, and peeked in to see their progress. Well, obviously they were tracking dirt everywhere and using the bathroom. I guess they did not clean up the place, because now my landlord is deducting a cleaning bill from the deposit! I cleaned the place spic and span! Can he do that? I should not be responsible for cleaning up after people who messed the place up when I was already gone!

When I lived at this residence, the landlord gave me $40.00 cash and asked me to buy some flowers for the yard. I planted them. Some were still in the yard when I moved, but some had died (though they were all cared for properly). I also had my own potted flowers, which I purchased with my own money, that I kept on front steps in the pots. I am told if you install/plant something the landlord owns it (even if you pay for it). But my potted flowers were mine, because they weren't planted, right? So of course I took them with me. The landlord is calling my flowers "stolen" and charged me for replacements. He has no proof they even existed. He doesn't have a receipt for the flowers I bought with his money either. I have that.

A month before I moved, my cat had damaged two blinds in the residence. They were the only blinds in this particular room. To make it easier for him than to deduct from my deposit, I added a few dollars more to the rent check to reimburse him. He cashed the check so the blinds are paid for. But after I moved, he bought a whole bunch of new blinds for the house, and is charging me for them! There was nothing wrong with any of the other blinds in the house. They were clearly upgrades. He called them "replacements" but didn't even say they were damaged because they weren't. Can he charge me for his own personal choice to upgrade?

All of this sounds grossly illegal to me. I didn't take pictures before I left, but he wouldn't have any proof of other damaged blinds, unless he's so psycho that he damaged them, and then took pictures. But I doubt he did that. He would not have *any* pictures of my potted flowers he calls "stolen", and I am a witness to the mess the workers made after I moved, as are my neighbors who saw the house clean before they showed up.

Is he allowed to do any of these things? If this is legal, it seems like a landlord can just contrive grounds to keep your money, even if he has no proof.What is the name of your state?What is the name of your state?

I came on to this site because of something very similar happening to me, but I don't want to get yelled at as I have seen in the past so I will post separately. DEFINITELY sue him. From my experience, it is who the judge believes. In Massachusetts (I don't know about California) if the landlord does not return the security deposit within 30 days (sounds like 21 days in California) without good reason, he is liable for triple damages. There is obviously a good reason for this. In the past landlords were notorious for keeping security deposits, and making up reasons for doing so.

 

[Zigner]

Instead of being sarcastic....


Can someone either say "Yes, people can legally contrive grounds to take your money, with no proof that you are responsible"

Or

"No, they cannot take your money unless they prove you responsible"

Please. It's very simple. It's all I wanted to know.

So, you post a loaded question designed to elicit ONLY the response you want to hear...

Here's the way it works. The LL fulfilled his obligation. He made deductions, notified you and returned what was left over.
Now, it's your move. You will need to seek reimbursement for what you feel you are still owed. You will have to come in to court with evidence to prove that the deductions were not proper.
At that point, he will have the opportunity to provide to the court his evidence of why he feels the deductions were proper. Then the judge will decide.

 

[Zigner]

In Massachusetts (I don't know about California) if the landlord does not return the security deposit within 30 days (sounds like 21 days in California) without good reason, he is liable for triple damages.

Which is why you shouldn't post if you don't know how it is.
California's a bit different. The LL fulfilled his obligations to avoid the treble damages...