deposit refund 21day + ??? california

[wrenchturner]

What is the name of your state (only U.S. law)? California
Ok property mgt. for landlord refunded $410.00 of $3,400.00 deposit. With what they call a deposit disposition letter. It List deductions for repairs and cleaning BUT no receipts.
I dispute charges 1st by phone then by e-mail within 14 days of getting disposition letter. 11 years + a few months tenancy disputed carpet removal $235.00 And clean all walls cigarette smoke stains $1000.00 and all other charges inflated. It's now 3 1/2 months later have found owners had spent deposit therefore delaying repairs. I offered settlement give back $1235.00 keep all else rejected, Give me a counter offer got none , go into mediation Won't budge they won't make any concessions. Very sneaky management co. received 3 receipt's 2 from "bla bla repair services" looked up found contractors license is property mgt. company doing business as bla bla repair services. Of course vague not listing materials hours or labor rates. 1 from carpet cleaning co. vague but ok since it came from a real contractor..

Anyway any thoughts about the requirement to provide receipt's 14 days after charges were disputed. Or refund all they don't have receipt's for. (which they haven't) ??????????
And they lose all rights to any deductions by failing to pay on or about 14 days.???????

And if this has graduated to Bad Faith Retention. (should the 2x deposit be given if small claims court happens) ?????????????

Also possible counter suit I see "no cause for action against Me" until request for payment of damages are received by me ????????????

 

[FarmerJ]

It seems to me about all you can do is let the courts decide, SO ask for full refund and penalty based on the LL s choices since during your tenancy the useful life of the carpet was fully consumed , as to the walls even if your lease permitted you to smoke 1k seems pretty spendy when a decent primer -sealer would have likely taken care of it.

 

[wrenchturner]

It seems to me about all you can do is let the courts decide, SO ask for full refund and penalty based on the LL s choices since during your tenancy the useful life of the carpet was fully consumed , as to the walls even if your lease permitted you to smoke 1k seems pretty spendy when a decent primer -sealer would have likely taken care of it.

walls were not painted during 11 years. they would need cleaning before paint, and primer, they had fine cracking from age. f.y.i. that was also bla bla repair co. 1 day work . at even 10 hour day that's $100.00 a hour. I would have settled for maybe $150.00. Thanks:

 

[Zigner]

Just to be clear, if you sue, they can counter-sue for the damages.

For example, let's use some hypothetical numbers.

You paid a $1,000 deposit. The LL kept $200 and refunded $800. You disagree and sue for the $200 back. LL finds more damage that he had missed the first time to the tune of an additional $1,000. Even if you "win", the LL could ALSO win which, in my hypothetical situation, would mean you would end up paying an additional $800.

 

[FarmerJ]

years ago I had to paint a empty apt where the former tenants were smokers who smoked about 4 packs a day between them selves and lived in the unit for 5 years , when I went to wash the upper sashes of the double hung windows the glass was the color of dark honey , the walls I used a sponge mop on to wash before re painting and it seems to me it didn't take long at all to wash them, These days I have many times used a steam mop on the walls at work to wash them ( only difference is that the steam mop doesn't like to be used upside down and there is no smoking permitted inside at work ) Keep in mind every thing the LL charged you what appears to be full price for also had a depreciated value , like carpet, most LLs buy so called rental grades of carpet and it just doesn't last much beyond 5 to on the very high side 7 years but 7 years in rental use is not common since new carpet ( or very stain free and clean carpet ) and new paint are the two number one things many LLs do to let a vacant unit show nicely, after that its the other things like if counters and appliances are really showing a lot of age many LLs have arrangements made to get those things replaced more reasonably if they have a lot of replacements with in a year.

 

[not2cleverRed]

Just to be clear, if you sue, they can counter-sue for the damages.

For example, let's use some hypothetical numbers.

You paid a $1,000 deposit. The LL kept $200 and refunded $800. You disagree and sue for the $200 back. LL finds more damage that he had missed the first time to the tune of an additional $1,000. Even if you "win", the LL could ALSO win which, in my hypothetical situation, would mean you would end up paying an additional $800.

Sine the not so hypothetical # that wasn't refunded was almost $3,000 after 11 years of living there, it might be worth OP's time.

 

[Zigner]

Sine the not so hypothetical # that wasn't refunded was almost $3,000 after 11 years of living there, it might be worth OP's time.

I'm not saying otherwise - I was just pointing out an aspect of California law.