partial deposit sent

[SamIam]

Los Angeles, Ca.

On 2/29/00, I informed my landlord (property management) that my residence was professionally cleaned and ready for a walkthrough. Landlord sent associate out on 3/01/00, I have a copy of the Vacancy Report, dated 03/01/00.

Initially, the manger also stated, that I didn’t need to be around for the walkthrough, that they would handle it? I’ve been in six other properties and have always been present in the walkthrough, is this a new practice?
Oh yeah in the other six locations, I have been refunded my entire deposits, without any cleaning cost. This is the first time I have encountered this problem.

I made three attempts to checkup on the walkthrough during the month of March, never received any feedback from property management.

On 3/24/00, I received my vacancy report with deductions.

The amount debited against my deposit was $255.00!
Even though I had professionals clean my apartment.

I have proof in Polaroid pictures of before and after I moved.

My first defense is that they did not meet the requirement of refunding my full deposit “within 21 days of move out”.

According to State Of Calif. Dept. of Consumer Affairs, under Tenant refund of security deposits, I quote.

“If, within the 21 days, the landlord does not provide you with a statement itemizing the deductions from security deposit, the landlord losses the right to retain ANY of the security deposit, and must return the ENTIRE deposit to you”.

Since my landlord did not meet this requirement, then I shouldn’t even entertain the cleaning issue and have the $255.00 returned to me.

QUESTION, with these facts, do I have a chance to get back the 255 deducted, by their failure to send it “within 21 days”.

QUESTION, Should I seek a mediator or go to small claims court, since I have yet to receive any feedback from the property management?

“I appreciate your professional responses”……..Sammy

 

[Tracey]

The law is probably that they have to send you the report in 21 days, not that you have to recieve it by then. Did you keep the envelope for the postmark? If the dates work out, send them a letter (certified, return receipt) disputing the charges AND pointing out that they did not comply with CA Code sec. xxxx. Quote the law. Then tell them to mail you a check for $255 within 7 days or you'll sue them. Then do it. You have a fine case. They're probably trying to charge you for normal wear and tear -- shampooing carpets, painting every 2 years, regrouting the tub, etc.

Go directly to small claims court. The amount is small and mediation will be too expensive.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[SamIam]

The law is probably that they have to send you the report in 21 days, not that you have to receive it by then. Did you keep the envelope for the postmark?
 “No I did not keep the postmarked envelope, ouch!”
 “I’m not sure I could prove this, with out the posted envelope. So it looks like I’ll have to defend the cleaning issue”.”


If the dates work out, send them a letter (certified, return receipt) disputing the charges AND pointing out that they did not comply with CA Code sec. xxxx. Quote the law. Then tell them to mail you a check for $255 within 7 days or you'll sue them. Then do it. You have a fine case.

They're probably trying to charge you for normal wear and tear -- shampooing carpets, painting every 2 years, regrouting the tub, etc.
 “I only lived there for 12 months, even though I had professional cleaners clean the place, the property management said it needed it done, yet I have never had any problems with cleaned apartments.”
 “Form experience, I always Polaroid a place before and after I leave, this I do have and shows the place in the same or better condition then when I left”.
 “I guess I should have seen this coming, since they did not want me around during the walkthrough.”

Go directly to small claims court. The amount is small and mediation will be too expensive.

 “Tracy”,
 “Thank you for your professional direction”
..Sammy

 

[Tracey]

See this post for an example of how to analyse and prepare your case:
Answer File with Court on disputed plumbing charges.. set for Tues

Since you don't have the envelope, look up the law that says they can't charge for wear & tear and quote THAT to them. They'll realize you know your rights and they can't hoodwink you. They'll lose a court case and end up paying you $255 + costs + attorney fees, so should just write you a check.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.