Am I entitled to request money back?

[Mlomack]

I'm a renter in California. My last landlord is trying to keep a part of my security deposit and use it for repairs for pre-existing conditions in the home as well as a repair for something we are sure we didnt leave (hole inside of a closet). I have a copy of my move-in checklist and the pre-existing conditons that I'm being charged for are noted there. I also have texts to the landlord and their handyman to prove that we requested maintainence services for these issues however I do not have pictures of the insides of the closets to prove that this charge is made up.

Am I within my rights as a renter to request an adjusted security deposit return reflecting the removal of the charges for the pre-existing conditions? I reached out to the landlord via text on the last day of June to inform them of my intent to move out on Aug 1st but did not recieve 30 day notice papers from them until July 8th, does this delay or my choice of communication constitue as a forfeiture of my deposit? Assuming I'm within my rights, If the Landlord refuses to adjust my return what should my next step be?

Thanks greatly in advance!

 

[LdiJ]

I'm a renter in California. My last landlord is trying to keep a part of my security deposit and use it for repairs for pre-existing conditions in the home as well as a repair for something we are sure we didnt leave (hole inside of a closet). I have a copy of my move-in checklist and the pre-existing conditons that I'm being charged for are noted there. I also have texts to the landlord and their handyman to prove that we requested maintainence services for these issues however I do not have pictures of the insides of the closets to prove that this charge is made up.

Am I within my rights as a renter to request an adjusted security deposit return reflecting the removal of the charges for the pre-existing conditions? I reached out to the landlord via text on the last day of June to inform them of my intent to move out on Aug 1st but did not recieve 30 day notice papers from them until July 8th, does this delay or my choice of communication constitue as a forfeiture of my deposit? Assuming I'm within my rights, If the Landlord refuses to adjust my return what should my next step be?

Thanks greatly in advance!

You sue him in small claims court.

 

[STEPHAN]

In future do not use text messages.

 

[FarmerJ]

you wrote >move out on Aug 1st but did not receive 30 day notice papers from them until July 8th,< what move out papers is that? If you gave proper written notice the amount of days in advance your lease called for you would have been free to move with no further ado. BTW stop texting landlords , yeah I know every one and their uncle seems to have forgotten how to use their voice or how to create a real hard copy paper trail. notices to LLs to move out should be sent via certificate of mailing or confirmed mail delivery keeping a copy stapled to your postal receipt and the same thing with other concerns such as reporting repair issues. Unfair charges against a deposit, send a real written on paper letter with a copy of your move in report and in the letter tell the LL you will not pay for repairs that were needed when you moved in and expect them to refund unfair charges or you wont have a problem letting a judge sort it all out.
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[rita bos]

The issue can be sorted if there is a Real Estate Agent between you and your landlord. but in case the other person is not understanding those things then you can claim for this in court.

 

[Gail in Georgia]

Typically if folks do not agree with what was kept out of their security deposit they write what is known as a "demand" letter, demanding what they believe they are fairly owed and giving the landlord a certain amount of time (say, two weeks after the letter is received) to return this amount.

If no response (or a response that is not positive) then the next step is to consider suing over this matter. Such lawsuits tend to be heard in Small Claims court as they usually involve relatively small amounts of money in dispute. Filing for this is generally not very expensive to do. Your evidence to dispute move out damage claims would be your move-in check list.

Gail

 

[FarmerJ]

Rita nothing changes if there is a real estate agent in the picture or not , the person who did the initial assessment of damages failed to take into account the original move in report, it doesn't matter if they forgot about it or chose to ignore it, but the original poster has the original move in report and that's going to be in the original posters favor in court!

 

[adjusterjack]

Assuming I'm within my rights, If the Landlord refuses to adjust my return what should my next step be?

A lawsuit.

But first read the CA security deposit statute:

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1950.5.

CA small claims court requires that you make a demand. Doesn't necessarily have to be in writing but it is always best that you do it in writing so you have sufficient evidence that you did it.