Landlord is stealing my Deposit (CA)

[c89j]

What is the name of your state ? (CA, CCC 1950.5)

I received my itemized deposit on day 23, out of 21 allowed from CA. The itemised statement does not include a full withholding amount and mentioned "to be determined" for the total, and "unknown at present" for many areas that the landlord itemised as being cleaning or damages. I also did not receive a check with the estimated or incurred deductions withheld along with this statement.

In the areas he is charging me, the deductions are to an absurdly unreasonable amount, ex. charging $1300 for cleaning. The apartment was cleaned, extremely well for about 4 days in total. We also were the ones responsible for cleaning the unit upon inception of our lease (a deal made with our landlord to move in faster), so there is no question the apartment is as clean as when we received it. He is also attempting to charge us with absurd "damage" fees of which are extremely minor and can be considered wear and tear (especially in his charge for carpet cleaning). We were living at the apartment for 3 years and had 3-4 people living there, it is understood there is going to be some wear and tear especially in the carpet.

I am looking for help on how to demand the deposit back and to make sure he is in fact breaking the law on what he has returned to us as an "itemized deposit", I have made a demand letter and we have left a notice to him before mentioning our rights as well (it was assumed he was going to try and steal our deposit, as he has done so to at least a dozen others in the past).

I have already tried contacting several agencies and have not received much help. At this point I am going to send a demand letter mentioning mediation and "threatening" small claims court. Based on what I have mentioned what are the opinions and do you think I have a case against my landlord?

thanks for any help.

 

[Gail in Georgia]

Most tenants take the steps you are taking; first starting with the "demand" letter and then if no satisfaction, consider a lawsuit, typically through Small Claims court. Did you take pictures of the rental unit at move out to use as your evidence in court to show the condition of the unit should it come to a lawsuit? If so, these would be helpful to dispute any claims of damages above normal wear and tear.

Gail

 

[c89j]

Most tenants take the steps you are taking; first starting with the "demand" letter and then if no satisfaction, consider a lawsuit, typically through Small Claims court. Did you take pictures of the rental unit at move out to use as your evidence in court to show the condition of the unit should it come to a lawsuit? If so, these would be helpful to dispute any claims of damages above normal wear and tear.

Gail

Yes, I took pictures of the place and pictures of the areas he mentioned as needing "spot cleaning" during our initial inspection. Its also to note no areas in our initial inspection did he say were dirty, only a few areas needed to be addressed. He even said the apartment is not dirty, just not clean. I have pictures and videos of everything functioning as well.

Do you happen to have any knowledge about what he sent me? From what I understand he did not follow the law because the itemized statement he gave me: 1. doesn't even have total charges or estimates, and 2. he did not return the deposit via a check or anything, and 3. his charges are extremly unreasonable.

 

[Gail in Georgia]

What the landlord needs to provide you regarding security deposit return in your state is outlined below. Estimated expenses can be provided if the repairs cannot be completed within the 21 day required time frame. Receipts do not need to be provided for amounts below a certain level.

Unfortunately an forum has no idea if what the landlord is claiming as damages are extremely unreasonable or not. This is what may need to be proven in court if it comes to this.

http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml

Good luck!

Gail

 

[Stephen1]

When deposit letter is due

"I received my itemized deposit on day 23, out of 21 allowed from CA."

The requirement is for the landlord to SEND you the letter within 21 days not that you RECEIVE the letter within 21 days. Based upon your original posting I hear that as an issue for you. I'm raising this point so you don't try raising it if you go to court. You received the letter on day 23. Unless you can show that it was sent (postmarked?) on day 22 or 23 then it was sent on time.

 

[c89j]

"I received my itemized deposit on day 23, out of 21 allowed from CA."

The requirement is for the landlord to SEND you the letter within 21 days not that you RECEIVE the letter within 21 days. Based upon your original posting I hear that as an issue for you. I'm raising this point so you don't try raising it if you go to court. You received the letter on day 23. Unless you can show that it was sent (postmarked?) on day 22 or 23 then it was sent on time.

I figured that much. But is the letter actually considered a full itemised statement as I have described? To my understanding he can't just send a letter and say, "im keeping it all, no money back" and needs to go into enough detail describing what was done/needs to be done and at what cost/or estimated cost. What I received just states "cleaning" between $X-$Y for example or "door cracked" TBD. This t me doesn't seem like an itemised statement as it is barely itemisex and doesn't even give total amount for 80% of the "charges"

On top of that, doesn't he need to send a check with the deductions made? Even if he used estimates?

 

[Zigner]

Here's the bottom line: You can sue for your deposit, he can countersue for all of his damages, even beyond that which is covered by your deposit. If his countersuit is successful and he is awarded the full amount he is seeking, then you might end up being out even more.

 

[c89j]

Here's the bottom line: You can sue for your deposit, he can countersue for all of his damages, even beyond that which is covered by your deposit. If his countersuit is successful and he is awarded the full amount he is seeking, then you might end up being out even more.

He is already taking the entire thing. So at this point what else is there to lose? On his statement he has listed that no additional (outside of the deposit) is needed.

But Yes I agree court seems to be the only option. I was just trying to find more information to help me.

 

[Zigner]

He is already taking the entire thing. So at this point what else is there to lose? On his statement he has listed that no additional (outside of the deposit) is needed.

But Yes I agree court seems to be the only option. I was just trying to find more information to help me.

You misunderstood.

If you sue for your deposit back, then the LL can countersue for his total damages, which may exceed your deposit.

 

[SKS61]

Stealing Deposit and money demand

I lived in a apartment in Fremont, CA. I kept apartment excellent clean. Before the last date, I got inspected by Leasing office didn't found any issue. 3 times in a year K9 has inspected the Bedbug and didn't found any issue. After completing the lease and giving the notice properly in advance, after 1 month I came to know Leasing office has done bedbug treatment after we moved out and demanded us $1250. The is really strange, why not they found bedbug during our stay and how come I am being held liable for the bedbug treatment after we vacated the apartment.

Pleas help me what are the options I have.

 

[Just Blue]

I lived in a apartment in Fremont, CA. I kept apartment excellent clean. Before the last date, I got inspected by Leasing office didn't found any issue. 3 times in a year K9 has inspected the Bedbug and didn't found any issue. After completing the lease and giving the notice properly in advance, after 1 month I came to know Leasing office has done bedbug treatment after we moved out and demanded us $1250. The is really strange, why not they found bedbug during our stay and how come I am being held liable for the bedbug treatment after we vacated the apartment.

Pleas help me what are the options I have.

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