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Get Back My Rental Deposit

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J

joemanna

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

About a year ago my family & I rented a house with a deposit of $2050... we asked if we could bring our 2 dogs & he emailed saying he would rather not but if we did we have a $1000 deposit so we opted to find the dogs homes. Upon moving in we found that there were many issues with the house (that the owners NEVER lived in). For instance the air condition unit was too small for the house.... leaking faucets, & a toilet not fixed for the last 6 month of the lease, Etc
So when it came time for the lease to end we left 15 days B4 we actually had to move out. Getting the carpet professionally cleaned, scrubbing, painting, etc. So for the last 2 weeks of the actual move out (Feb15-28) I had requested a walk through to the owner, they NEVER would give me one. So when I received the deposit back $480 short I was to say the least PISSED! They sent this hand written list of items of damaged/deductions

Garbage fee for quarter $93
House & Yard Cleaning $200
Scratch on wall paint $50
Trash can in kitchen missing $30
Plug in sink missing $7
Replace of door lock (through) $50

Ok, I see the garbage fee but the rest is totally wrong... Nothing needed cleaning in that house!!!!
Scratch in wall NOWAY!
Trash can in kitchen was thrashed when we moved in & who keeps old trashcans anyway?
Ok I did take the plug by mistake!
And there was NO lock broken**************.

These idiots also did not give us our refund until the 24th day. They mailed on the 21st day but we did not receive until the 24th day. Does it have to be in hand on the 21st day or just mailed.....? The envelope says mailed 21st post marked the 23rd**************and we received on the 24th.


Now that we have filed in small claims they are counter suing us for breach of contract because I took in a little dog that had a broken leg in when the contract says no dogs anytime**************and they had 2 neighbors sign a letter. Meanwhile the dogs did NO damage to the house!!!!

Should I settle? OR what? It’s really NOT the $$ more of the principle but they are suing for $5000 I don't have that kind of $$ to be tossing around.....

Please advise
 
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S

sandyclaus

Senior Member
Just because you CAN sue doesn't mean you SHOULD...

joemanna said:
What is the name of your state (only U.S. law)? CA

About a year ago my family & I rented a house with a deposit of $2050... we asked if we could bring our 2 dogs & he emailed saying he would rather not but if we did we have a $1000 deposit so we opted to find the dogs homes. Upon moving in we found that there were many issues with the house (that the owners NEVER lived in). For instance the air condition unit was too small for the house.... leaking faucets, & a toilet not fixed for the last 6 month of the lease, Etc
So when it came time for the lease to end we left 15 days B4 we actually had to move out. Getting the carpet professionally cleaned, scrubbing, painting, etc. So for the last 2 weeks of the actual move out (Feb15-28) I had requested a walk through to the owner, they NEVER would give me one. So when I received the deposit back $480 short I was to say the least PISSED! They sent this hand written list of items of damaged/deductions

Garbage fee for quarter $93
House & Yard Cleaning $200
Scratch on wall paint $50
Trash can in kitchen missing $30
Plug in sink missing $7
Replace of door lock (through) $50

Ok, I see the garbage fee but the rest is totally wrong... Nothing needed cleaning in that house!!!!
Scratch in wall NOWAY!
Trash can in kitchen was thrashed when we moved in & who keeps old trashcans anyway?
Ok I did take the plug by mistake!
And there was NO lock broken**************.

These idiots also did not give us our refund until the 24th day. They mailed on the 21st day but we did not receive until the 24th day. Does it have to be in hand on the 21st day or just mailed.....? The envelope says mailed 21st post marked the 23rd**************and we received on the 24th.


Now that we have filed in small claims they are counter suing us for breach of contract because I took in a little dog that had a broken leg in when the contract says no dogs anytime**************and they had 2 neighbors sign a letter. Meanwhile the dogs did NO damage to the house!!!!

Should I settle? OR what? It’s really NOT the $$ more of the principle but they are suing for $5000 I don't have that kind of $$ to be tossing around.....

Please advise
Click to expand...
As I understand California law, the LL must provide a complete accounting of all deductions from the security deposit. Our laws also require receipts for all deductions so accounted for if they exceed a certain amount (I think it's $125, but you should check the security deposit statute).

So your LL charged $480 against that SD. Did he provide receipts for what he spent? If he didn't, you can and should demand them (the judge will require that the LL justify his deductions in your case against them). Make sure to do so IN WRITING, CERTIFIED MAIL, RETURN RECEIPT REQUESTED. If he doesn't produce the receipts/invoices to support each deduction within 14 days of the written request, then the LL won't be able to justify the deduction and you can request penalties according to the statute for his unlawful use of your SD and padding his deductions (you'd be entitled to the FULL security deposit returned).

As for LLs "breach of contract" claim, he's countersuing because he CAN, not because he can WIN. To win with this charge, he must prove that he was damaged in some way by you having the dog. Was there any damage or cleanup required to the property that could be attributed to the dog? Was there some monetary penalty clause in the lease for this kind of breach? If not, then LLs only recourse would be to serve you with a 3 day Notice to Cure or terminate your tenancy for cause (breach of the lease terms). Since you no longer live there, we know THAT threat carries no weight. The judge should see that too and deny his counterclaim against you.

For more on California law regarding security deposits, google the California Department of Consumer Affairs Landlord-Tenant Handbook. This is where I found my info.
 
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