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Sec Deposit Demand Letter

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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.”
 


Ellerge

Member
Tell us:
1. What type of Lease did you have - a M to M or a Year Lease?
2. You say 'The claim of the Violation of Rental Agreement concerning late rent fee ($350) are not an allowable security deposit deduction.' Why?
3. You gave notice on December 8th. Was this verbal or written?
4. You say 'I expected him to deduct $200 and prorate the first week of Jan. from my deposit.' Why?
5. Also, what did the LL say about the deposit?
6. Is the LL going to take you to Court citing January's rent not being paid?

Do you forfeit the SD when rent is not paid?
 

Mellie2019

Junior Member
Answers to Questions Asked

Tell us:
1. What type of Lease did you have - a M to M or a Year Lease?

Originally M to M, then in Oct. of 2005 it turned into 6 month lease until April of 2006...another long story. He sold the house, gave US 30 day notice then the sale failed, recanted 30 day notice.

2. You say 'The claim of the Violation of Rental Agreement concerning late rent fee ($350) are not an allowable security deposit deduction.' Why?

Late fees are just that, fees, not unpaid rent and not repair of damages
It is my understanding that he has to take me to court to receive these fees.

3. You gave notice on December 8th. Was this verbal or written?

Written - hand delivered

4. You say 'I expected him to deduct $200 and prorate the first week of Jan. from my deposit.' Why?

Because since January 4th, that is what he claimed he was going to do. $200 late fee and 1 week of Jan. I figured I was going to have a fight on my hands, but not this...

5. Also, what did the LL say about the deposit?

He said in the letter that I would not be receiving my deposit based on the reasons I posted earlier.

6. Is the LL going to take you to Court citing January's rent not being paid?

Probably not. He is a bully and I think this is the first time someone has actually stood up to him. Plus, he rented the place a week ago and can't collect rent from me if he is collecting from someone else. (I believe)

Do you forfeit the SD when rent is not paid?

He can prorate up until the 8th because of state law of 30day notice. Which would fall under the rent owed clause of Use of SD in California.
 

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