Landlord wont give back deposit. . .HELP!!

[skyesmart]

California~It has been over 21 days now and my landlord has not given me my deposit back. i know he now owes me double. i tried a number or times to get him to do a walk through of the house before i left, he never did. so i fixed the things that needed to be fixed and cleaned from top to bottom. the house was not in good shape when i moved in. now, he has been avoiding my calls for over 3 weeks and i finally talked to him. he is trying to charge me from things in the house that were already ruined when i got there. my main thing is, can even deduct any money from my deposit now that it is passed 21 days and he never did a walk through of the house with me to tell me his thoughts and discuss the things that he felt needed to be fixed? I will be taking legal actions but i would like to try and solve this without going to court, and i would like to know what im talking about when i do talk to him. please, i need some help, i know some of my rights and i have been reading the laws. i just cant find anything about not having a chance to fix what might need to be fixed and still having most of my deposit taken, espesially when i dont agree with 90% of the fixtures, nor do i even know if they have been fixed, cuz i have not seen any reciets for anything! PLEASE HELP!!!

 

[crypto]

Hi Skye

Hi there. I'm not sure how long you lived where you were but usually a judge will tell the LL that certain things have to be done after 2 years anyway. A couple of example are carpet and paint. I take it that you didn't take pictures when you moved in. Not to worry, some people just don't think to think of things like that and you were probably trusting. I don't know what the repairs are in question but you are right about trying to talk to your previous LL and settle out of court first. The way it sounds, and I can't be 100% sure, he/she isn't going to give you your security back. You definitely have the right to take him or her to small claims court to get your security back. If neither of you has pictures before and after, the judge will just base it on credibility. If you can, look up LL/Tenant laws also in Ca. Good luck to you!!!!

 

[FarmerJ]

If the deposit funds were due back by 11/21 why dont you wait one or two more days before jumping the gun on this , wether you like it or not it very well ccould have been addressed by the LL and post marked in time just not delivered to you yet. About this part of Cry s post > certain things have to be done after 2 years anyway. A couple of example are carpet and paint.< That concept is based on MYTH Carpet and paint are cosmetic issues. LLS are required by state laws to maintain mechanical and structural components , windows , doors, roofs, wiring, pumbing , etc . http://www.dca.ca.gov/publications/landlordbook/index.shtml

 

[skyesmart]

further more. . .

i was at the house for a little over 1 1/2 years. i know the deposit isnt being sent to me, the LL basically told me what he was doing with the money and what repairs he is making. i do NOT agree with the repairs that he is taking from the deposit. i guess i just need to know, if there was no walk through, even though i tried a number of times to get him to come over and do the walk through, even after i had left the house i asked him a number of times if he has looked at the house and need be any repairs. for 3 weeks he told me no, not yet, than avoided my calls. can he still take from the deposit with out a proper walk through and without giving me a chance to do repairs??

 

[ecmst12]

Without a walkthrough probably, but if he hasn't sent you a written accounting of charges within the time limit, then you need to take him to small claims court.

 

[skyesmart]

he has not sent me anything. he told me over the phone that we woul get together the 21st in the evening. that didnt happen and now again, avoiding my calls.

 

[FarmerJ]

Even if you didnt get to meet with the LL by the 21st the LL still could have sent something in the mail todeal with it , If you dont get something in the mail by monday or Tuesday then go to your countys small claims court desk and file a claim asking for the return of the deposit based on the LLs failure to follow the law. If the LL claims you damaged the unit the LL will have to have reasonable proof.