Security Deposit

[juliaoboo]

What is the name of your state? California

We moved out of a townhome and within the 21 days (on the 18th day) the landlord sent a itemized list of deductions they were taking and said I owed them money. I called them and told them they had my deposit amount wrong and what the correct amount was and it was clearly listed on my lease. I also asked for receipts for the deductions because the amounts seemed excessive to me, specifically over $500 for carpet cleaning and repair.

I was told the amounts were estimates and the work was not done yet but they could give me copies of the estimates. They never did. They also told me I needed to prove the amount of deposit I paid. I thought this was riduculous but said I would request a copy of the cancelled check. I also don't feel the estimate could be proper because they would need to do a professional cleaning before determining what spots on the carpet would actually need patchwork. My kids did get a few marker spots on the carpets.

I read up on the ca.gov website that they must provide receipts or written estimates along with the itemized statement within 21 days but estimates must be reasonable and there must be a valid reason why the work was not completed. I feel it is just because they are cheap and were waiting until they received another deposit from the new tenants. I moved just across the street and saw that the for rent sign came down and of course the painters were there later that week. This week actually. When repairs were needed in the 19 months we lived there it took at least 5 requests for repairs to be made. Some were never completed and I have emails to show to the court to prove this.

I sent a certified letter notifying them I felt they failed to comply with the law and had not notified me correctly (meaning with documentation) and therefore demanded my entire deposit back. 3 weeks later I received a letter stating they did not have to provide proof of cost and did not have to have the work completed. They also said that upon further review of our original move in paperwork and computer ledger they found the correct deposit amount. It took 3 weeks to do this???!! They sent me a check for $9.50.

I am not cashing the check and plan to file in small claims court. Does anyone know specifically how the courts look at that 21 day deadline? Can they just make up a figure and send it to you without verification and that's that? Seems too easy for landlords to get over to me.

[ENASNI]

Not sure.. but you have a very quiant writing style...

I do not have the style you have.. I say IF YOU KNOW and can PROOVE you have left the dwelling pristine.. go for it.. BUT.. be careful.
I would not sleep good, no;

who has the pictures.. the video...?

[juliaoboo]

Oh I took lots of pictures before leaving. A neighbor even had me take a picture of the code violations of the wiring in her garage. I guess it will come down to how we present the case to the judge.

[south]

Photo's of the wiring in the garage should clearly show the judge you are vindictive trouble maker as it does not have anything to do with the deposit and the cute damage your cute kids caused which is ok because the kids are cute and the marks they made are cute to.

If you are going down that road you may as well get some photos of any ugly relatives that are related to the landlord as well to support your claim.

Originally Posted by juliaoboo

Oh I took lots of pictures before leaving. A neighbor even had me take a picture of the code violations of the wiring in her garage. I guess it will come down to how we present the case to the judge.

[ENASNI]

Originally Posted by south

Photo's of the wiring in the garage should clearly show the judge you are vindictive trouble maker as it does not have anything to do with the deposit and the cute damage your cute kids caused which is ok because the kids are cute and the marks they made are cute to.

If you are going down that road you may as well get some photos of any ugly relatives that are related to the landlord as well to support your claim.

What side of the bed did you wake up on, grasshopper?


Take it easy... I can drop Brad Pitt at any minute and come to you... just give me some time.. then MAYBE you can have a nice attitude... again... maybe******************************************..maybe****************************..maybe

[south]

The lines broke on my Yacht today so I came to the boards to find me some fresh complaining renters... Arhhhh

Originally Posted by ENASNI

What side of the bed did you wake up on, grasshopper?


Take it easy... I can drop Brad Pitt at any minute and come to you... just give me some time.. then MAYBE you can have a nice attitude... again... maybe******************************************..maybe****************************..maybe

[ENASNI]

Originally Posted by south

The lines broke on my Yacht today so I came to the boards to find me some fresh complaining renters... Arhhhh

Oh I did not know... fresh caviar and some nice brie to arive at noon to compensate.

Do you want me to wear the black bikini or the red one?

[fairlight]

In order to take the money out of your security deposit, they have to provide an invoice or receipt for the work DONE. They can't take $200, for example, out just because the XYZ Company has estimated that the repair will cost that amount. The security deposit is, after all, your money, not theirs, and they're supposed to pay interest on it after a tenant has lived there for at least a year.

If you don't get the invoice or receipt for the work done in the 21 days specified by law, you automatically get the entire deposit back.

[ENASNI]

Originally Posted by fairlight

In order to take the money out of your security deposit, they have to provide an invoice or receipt for the work DONE. They can't take $200, for example, out just because the XYZ Company has estimated that the repair will cost that amount. The security deposit is, after all, your money, not theirs, and they're supposed to pay interest on it after a tenant has lived there for at least a year.

If you don't get the invoice or receipt for the work done in the 21 days specified by law, you automatically get the entire deposit back.

So the red one.. okay..

[john123456]

Originally Posted by fairlight

In order to take the money out of your security deposit, they have to provide an invoice or receipt for the work DONE. They can't take $200, for example, out just because the XYZ Company has estimated that the repair will cost that amount. The security deposit is, after all, your money, not theirs, and they're supposed to pay interest on it after a tenant has lived there for at least a year.

If you don't get the invoice or receipt for the work done in the 21 days specified by law, you automatically get the entire deposit back.

Not entirely correct. California law allows LL’s to make estimates of charges that cannot be completed within 21 days. However, the LL is required to provide the name, address and telephone number of the person(s) completing the repairs. Additionally, within 14 days after completion, the LL is required to forward the *official* itemized statement, the corresponding receipts, and any refund that may be applicable.

[juliaoboo]

South:

Why do you bother to post to this board if your only intention is to insult or harass the posters? I understand misery loves company but most people like you end up very lonely people.

Your proper response could have simply been that additional pictures could be interpreted as vindictive and suggest not using them.

I am not whining I am well aware my CUTE children caused damage and more than willing to pay for that UNCUTE damage but I am not going to let them take advantage and make up unsubstaniated amounts. The laws work both ways to protect both renters and the landlords and both parties should respect them. I expect you (much like the landlord I am posting about) are the type of landlord who wants to squeeze every dime they can out of people in order to make a bigger profit whether it be honest or not.

So get a real life or a better occupation so you have less of a need to vent on people unnecessarily.

To the others who posted replies of revelance:

Thanks for the information. I read on the ca.org site that they could provide estimates but we never received it after asking for it. The new tenants moved in on July 30th (I live across the street now) and we have yet to receive any notice or receipts from the landlord. I will go forward and file in small claims because I believe they intentionally acted in bad faith. And from the court documents in our area I am not the first to have this situation arise.
Thanks again!

[ENASNI]

[url]http://www.dca.ca.gov/legal/landlordbook/[/url]

small claims courts like to see that you have tried and have a paper trail of requests for the itemizations.

Also there is no interest paid in California, fairlight was mistaken


Small claims courts can be iffy.
[url]http://www.courtinfo.ca.gov/selfhelp/smallclaims/[/url]
[url]http://www.consumeraffairs.com/consumerism/small_ca.html[/url]

Good luck

[fairlight]

Yearly interest is paid on security deposits in at least one California city after the tenant has lived in the apartment for one year. I know because I live in that city. My former landlord allowed me to take the interest out of the rent in January of each year rather than sending me a check for the amount.

My new landlord had me fill out a tax form for the interest (one of the conditions for renting the apartment was that I sign a year's lease).

The landlord is allowed to take an administrative fee out of the interest.

[ENASNI]

Originally Posted by fairlight

Yearly interest is paid on security deposits in at least one California city after the tenant has lived in the apartment for one year. I know because I live in that city. My former landlord allowed me to take the interest out of the rent in January of each year rather than sending me a check for the amount.

My new landlord had me fill out a tax form for the interest (one of the conditions for renting the apartment was that I sign a year's lease).

The landlord is allowed to take an administrative fee out of the interest.

Please tell me the county law and and statute I do not want to lead anyone wrong... I have really trolled the statutes and have not found anything like this.. I need city///county or//whatever// so I Cannot lead anyone wrong..

[john123456]

Originally Posted by ENASNI

Please tell me the county law and and statute I do not want to lead anyone wrong... I have really trolled the statutes and have not found anything like this.. I need city///county or//whatever// so I Cannot lead anyone wrong..

California has no state law requiring interest on security deposits. However, some local city ordinances require LL’s to pay interest (e.g. San Francisco, areas of Los Angeles/West Hollywood, etc.)