Ex-Lanlord demanding more money 40 days after move-out

[msdocbird]

I have read the entire CA Code regarding rental property and found that a landlord is supposed to return your security deposit or what is left of it with an itemized list of what it was used for within three weeks of a tenant vacating the premises/the landlord regaining the control of the property. I also found that a landlord has the right to receive additional money if damages, repairs, etc. exceed the amount of the security deposit.

What I haven't been able to find is how long after a tenant has moved out can an ex-landlord demand additional funds to cover repairs. Anyone know the answer to this?

Also, given the details of the situation (see below),

1) Is the landlord in default for not settling the security deposit issue (i.e., not providing her a listing of the various expenses that were taken out of her security deposit) within 3 weeks of the tenant vacating? If so, what can be done?

2) Since ex-tenant did not receive the letter demanding more funds until almost 6 weeks after vacating the property, has the landlord’s time to request additional funds expired?

What should we do?


Here are the relevant details of the situation:

1) After renting a home in California for over two years, tenant gives landlord 30 day notice stating the rental property/house will be vacated and the keys returned to the landlord by Sept. 10.

2) Landlord harasses tenant about letting contractors into the home (it had non-tenant related repairs the owner wanted to have made before he rented it again), so tenant moves earlier than planned and gives keys to landlord on Sept. 7 without cleaning the house or the carpets or making any of the minor repairs around the house thinking that the price of these items would more than be covered in the hefty security deposit she had provided upon moving in.

3) A little over two weeks after moving out, the ex-tenant calls the ex-landlord to find out about the remainder of the security deposit. She leaves a message on the answering machine since no one answered.

4) A week or so after the phone call, the ex-tenant receives a letter from the ex-landlord stating that he has not been able to get a contractor into the home to estimate the repairs, but that he expects the repairs to exceed the deposit amount.

5) On Oct. 16, ex-tenant receives a nasty letter from ex-landlord demanding more money to cover damages and threatens to take ex-tenant to court if money (which is in excess of $2,000) is not paid in full within 10 days of receiving the letter. Attached to the letter is an Invoice from the carpet cleaning people and an ESTIMATE (not an Invoice or contract) from a contractor dated Sept. 26 that lists the cost of various possible repairs.


If you have knowledge regarding tenant rights in CA, I would love to hear from you as soon as possible!

Thanks!

-Robin

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by msdocbird:

I have read the entire CA Code regarding rental property and found that a landlord is supposed to return your security deposit or what is left of it with an itemized list of what it was used for within three weeks of a tenant vacating the premises/the landlord regaining the control of the property. I also found that a landlord has the right to receive additional money if damages, repairs, etc. exceed the amount of the security deposit.

What I haven't been able to find is how long after a tenant has moved out can an ex-landlord demand additional funds to cover repairs. Anyone know the answer to this?

Also, given the details of the situation (see below),

1) Is the landlord in default for not settling the security deposit issue (i.e., not providing her a listing of the various expenses that were taken out of her security deposit) within 3 weeks of the tenant vacating? If so, what can be done?

2) Since ex-tenant did not receive the letter demanding more funds until almost 6 weeks after vacating the property, has the landlord’s time to request additional funds expired?

What should we do?


Here are the relevant details of the situation:

1) After renting a home in California for over two years, tenant gives landlord 30 day notice stating the rental property/house will be vacated and the keys returned to the landlord by Sept. 10.

2) Landlord harasses tenant about letting contractors into the home (it had non-tenant related repairs the owner wanted to have made before he rented it again), so tenant moves earlier than planned and gives keys to landlord on Sept. 7 without cleaning the house or the carpets or making any of the minor repairs around the house thinking that the price of these items would more than be covered in the hefty security deposit she had provided upon moving in.

3) A little over two weeks after moving out, the ex-tenant calls the ex-landlord to find out about the remainder of the security deposit. She leaves a message on the answering machine since no one answered.

4) A week or so after the phone call, the ex-tenant receives a letter from the ex-landlord stating that he has not been able to get a contractor into the home to estimate the repairs, but that he expects the repairs to exceed the deposit amount.

5) On Oct. 16, ex-tenant receives a nasty letter from ex-landlord demanding more money to cover damages and threatens to take ex-tenant to court if money (which is in excess of $2,000) is not paid in full within 10 days of receiving the letter. Attached to the letter is an Invoice from the carpet cleaning people and an ESTIMATE (not an Invoice or contract) from a contractor dated Sept. 26 that lists the cost of various possible repairs.


If you have knowledge regarding tenant rights in CA, I would love to hear from you as soon as possible!

Thanks!

-Robin<HR></BLOCKQUOTE>

If you gave proper written 30 days notice then based on your facts, L is liable to at least refund the entire security deposit.