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Landlord missed the 21 day deadline to return deposit

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s8122f

Member
What is the name of your state? California

We moved out of our rental house on the 31st of March at 7:00pm. After the 21st day of waiting we decided to send the former Landlord a demand letter asking for our entire deposit because they had not provided us with either a deposit in full or a detail invoice and receipts for any deposit not being refunded. We sent that letter certified first class mail on the 23rd. We stipulated in the letter we expected our deposit in full within 10 days. On the 2nd of May they mailed us a certified letter which we received on the 3rd. Inside there was what she called an itemized statement that ate up our entire $1,300 deposit. There was one "receipt" for the carpet which they said they completely replaced (for resale). The "receipt" was a quote that was highly redacted. The only items you can read is the address and the price. The actual merchandise and material is completely blacked out. Also it says page 1 of 9 and we only got one page. That charge was $970, then they decided to thrown in two $125 charges for exterior and interior damage and on charge for $110 for interior cleaning. No other receipts besides the highly redacted quote from Lowe's. On the 3rd, once she saw I accepted the letter, she asked if I had questions about the invoice. I said it wasn't acceptable and that we would be pursuing them in small claims court for up to 3 x the initial deposit and also asked for no further communications because she offered to return the deposit but immediately pursue us for damages. We filed our small claims court papers at 9:00 this morning. Am I doing everything right?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? California

We moved out of our rental house on the 31st of March at 7:00pm. After the 21st day of waiting we decided to send the former Landlord a demand letter asking for our entire deposit because they had not provided us with either a deposit in full or a detail invoice and receipts for any deposit not being refunded. We sent that letter certified first class mail on the 23rd. We stipulated in the letter we expected our deposit in full within 10 days. On the 2nd of May they mailed us a certified letter which we received on the 3rd. Inside there was what she called an itemized statement that ate up our entire $1,300 deposit. There was one "receipt" for the carpet which they said they completely replaced (for resale). The "receipt" was a quote that was highly redacted. The only items you can read is the address and the price. The actual merchandise and material is completely blacked out. Also it says page 1 of 9 and we only got one page. That charge was $970, then they decided to thrown in two $125 charges for exterior and interior damage and on charge for $110 for interior cleaning. No other receipts besides the highly redacted quote from Lowe's. On the 3rd, once she saw I accepted the letter, she asked if I had questions about the invoice. I said it wasn't acceptable and that we would be pursuing them in small claims court for up to 3 x the initial deposit and also asked for no further communications because she offered to return the deposit but immediately pursue us for damages. We filed our small claims court papers at 9:00 this morning. Am I doing everything right?
Sounds good to me.
 

s8122f

Member
Update: She sent something certified to our address, I can only assume it is the deposit and that she will try and sue for damages. Should we refuse it?
 

Zigner

Senior Member, Non-Attorney
Update: She sent something certified to our address, I can only assume it is the deposit and that she will try and sue for damages. Should we refuse it?
It's never wise to ignore something.
 

s8122f

Member
Does she have every right even though she violated California Civil code 1950.5, has supplied us with zero actual documentation (receipts or invoices) and made it clear that they were going to upgrade the house due to wanting to sell it.
 

s8122f

Member
What I stated in my original post is what she sent us as an itemized list of deductions. It was in a generic word format. It is dated 4-24-2019 (sent certified mail on the 2nd). Lists my name and the rented address. States the security deposit of 1300 received. List of damages are as followed:
Interior damage (drywall, texture and paint 125
Exterior damage (sprinklers, drainage, sod etc.). 125
Carpet 1391.76
10 year carpet profited 3 years. 974.37
Interior cleaning (French door, master bathroom) 110

Total amount deducted from security deposit 1334.37
Amount returned to tenant 0
Additional amount requested 0

Thats it along with a quote from Lowe’s that has the merchandise summary blacked out. Just a total.

Carpet was lived on for 8 month before we moved in so the prorate is off and we don’t even know what they installed due to the quote being redacted.

No other receipts and to be honest I believe they only rushed this together because we caught them violating the law. I don’t believe the 4/24/2019 date on the itemized letter, I do believe the date of 5/2/2019 which is when they sent it certified.
 

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