Mellie2019
Junior Member
What is the name of your state? CA
Ok, here goes. On December 8, 2006 I gave my landlord notice that I would be leaving on Jan. 1 2007. At this time, he stated that he would let me slide on the lack of 30 day notice and late fee for rent if I write a document stating that his repairs to his personal residence were structually sound after a car crashed into it and sign it with my contractor's license. I refused. I was not comfortable with the request because I'm a general contractor not a structual engineer. He is sueing his insurance company over the repairs the he performed.
All that said, I expected him to deduct $200 and prorate the first week of Jan. from my deposit. Wow, was I suprised when I found an envelope with my name on it in my mailbox today containing a statement that he was withholding ALL of my $1,750 deposit.
I have composed the following: Someone please review and let me know if I am on the right track. Complete move-out was 9pm Jan. 6, 2007. He gives no description of the repairs or copies of actual receipts. He claims he is going to do the work. Which means, it won't be done, but he is keeping the money.
"You failed to personally deliver to me or mail my security deposit or statement of deductions within the 21 days allowed by law.
Closet Door ($100 repair fee) in east front bedroom damage was present when I took occupancy. Written notice was given to you on October 1, 2005 along with an itemized list of repairs, maintenance and cleaning I had done to your property since signing the rental agreement on June 8, 2005.
Front lawn is dead ($500 repair to restore fee) You stated on June 8, 2005 that you would bring a sprinkler over to replace the broken sprinkler in the southwest corner of the front yard. This did not happen.
I also advised you in July that another sprinkler had broke and was rendering a loud noise. On December 8th I informed you that the irrigation timer was non-functional. As for mowing, I informed you in June of 2006, that due to medical reasons, I could no longer mow the lawns.
Stains on driveway ($800 repair fee) As per your instruction, I used muriatic acid to remove them. The “good faith” attempt on my part has been made. Furthermore, I believe that minor staining of driveways is normal wear and tear of use.
Heater (unknown) This is the landlord’s responsibility.
The claim of the Violation of Rental Agreement concerning late rent fee ($350) are not an allowable security deposit deduction.
The claim of the Violation of Rental Agreement concerning Inadequate Notice is invalid as you were able to rent the property to a new tenant in the month of January 2007.
The claim of the Violation of Rental Agreement concerning Failure to Perform is invalid as per your verbal order on September 9, 2005 to “Don’t do anymore improvements or repairs on my house.”
“You are now obligated under state law to pay me two times the deposit amount. I demand that you pay me $3,500.00 within 5 days of the date of this letter.”
Ok, here goes. On December 8, 2006 I gave my landlord notice that I would be leaving on Jan. 1 2007. At this time, he stated that he would let me slide on the lack of 30 day notice and late fee for rent if I write a document stating that his repairs to his personal residence were structually sound after a car crashed into it and sign it with my contractor's license. I refused. I was not comfortable with the request because I'm a general contractor not a structual engineer. He is sueing his insurance company over the repairs the he performed.
All that said, I expected him to deduct $200 and prorate the first week of Jan. from my deposit. Wow, was I suprised when I found an envelope with my name on it in my mailbox today containing a statement that he was withholding ALL of my $1,750 deposit.
I have composed the following: Someone please review and let me know if I am on the right track. Complete move-out was 9pm Jan. 6, 2007. He gives no description of the repairs or copies of actual receipts. He claims he is going to do the work. Which means, it won't be done, but he is keeping the money.
"You failed to personally deliver to me or mail my security deposit or statement of deductions within the 21 days allowed by law.
Closet Door ($100 repair fee) in east front bedroom damage was present when I took occupancy. Written notice was given to you on October 1, 2005 along with an itemized list of repairs, maintenance and cleaning I had done to your property since signing the rental agreement on June 8, 2005.
Front lawn is dead ($500 repair to restore fee) You stated on June 8, 2005 that you would bring a sprinkler over to replace the broken sprinkler in the southwest corner of the front yard. This did not happen.
I also advised you in July that another sprinkler had broke and was rendering a loud noise. On December 8th I informed you that the irrigation timer was non-functional. As for mowing, I informed you in June of 2006, that due to medical reasons, I could no longer mow the lawns.
Stains on driveway ($800 repair fee) As per your instruction, I used muriatic acid to remove them. The “good faith” attempt on my part has been made. Furthermore, I believe that minor staining of driveways is normal wear and tear of use.
Heater (unknown) This is the landlord’s responsibility.
The claim of the Violation of Rental Agreement concerning late rent fee ($350) are not an allowable security deposit deduction.
The claim of the Violation of Rental Agreement concerning Inadequate Notice is invalid as you were able to rent the property to a new tenant in the month of January 2007.
The claim of the Violation of Rental Agreement concerning Failure to Perform is invalid as per your verbal order on September 9, 2005 to “Don’t do anymore improvements or repairs on my house.”
“You are now obligated under state law to pay me two times the deposit amount. I demand that you pay me $3,500.00 within 5 days of the date of this letter.”