Security Deposit question

[bkobean]

What is the name of your state (only U.S. law)? CA

Hi guys,

I had a question I was hoping to get some help on. I recently moved out of an Apartment building when my lease ended (9/1/09). I gave them the required 30 days notice and moved out and turned in my keys. I paid a security deposit of $600 when I moved in.

I just received in the mail the security deposit returned to me. It is postmarked 9/26/09, which is after the required 21 days. It is also just for $88, and there were no invoices or anything of that nature. I called to ask why this was the case. They called me back and left a voicemail saying:

$250 for cleaning
$100 for carpet cleaning
$100 for painting (no idea why they needed to paint anything when everything was left as it was)
$60 for water bill


The main issue that I have is for the painting and cleaning charge. They WAY overpriced the cleaning charge. For a small apartment, it costs way less thatn $250 to clean it. Hell, we had a cleaning lady come in every once in awhile, clean, move the furniture to clean around them, and she charged$80 for the entire apt (900 sq feet). Why would they charge $250? Or $100 for the painting when there wsa no need to paint anything. We left the apt the same way we moved in.
Now, I heard the property manager (friend of a friend) was pretty dishonest. Like, he had side deals with 3rd parties (ie cleaning company) which help him rake in a bit extra on the side. This is one of the main reasons we left the apt (he was too dishonest to trust with anything). Since we moved, he no longer works there, which leads me to believe he either got found out and fired or quit.

Is there a way to get my money back? Since they returned the deposit after 21 days, could I use that as a negotiating tool to get more money back? Since, according to 1950.5, I am entitled to a full refund of security deposit (but I dont want to be unreasonable, I just expect reasonable charges).
How should I go about doing this?

 

[Cvillecpm]

Sue them and they can certainly counter sue you. If you did not request or have a move-out inspection, how can you prove the condition when you moved out?

 

[bkobean]

I dont want to sue them. I just want to get some more money back, as the charges seem unfair. Since they did return the deposit late (postmarked 5 days late), would that provide me with leverage to ask about them to lower the cleaning charge/painting charge, esp since they didnt even provide the receipts or invoice?

We did have a moving out inspection. This is what it entailed: The leasing office lady coming in as we were cleaning the last few bits of the stuff we had left in the apartment and taking a look around and saying - everything looks great! Good luck!

 

[Gail in Georgia]

Prior to considering a lawsuit, write what is sometimes known as a demand letter, disputing the amount that you believe was unfairly kept and "demanding" a return of these funds within a certain time period (say, two weeks after they receive this letter). Mention the California statute in the letter.

If they do not respond (or refuse your demands) then you consider whether it is worth it to file a lawsuit over this matter.

Gail

 

[sandyclaus]

CA Security Deposit Law

The law not only provides 21 days to return the security deposit, but also requires that you receive an itemized list of deductions IN WRITING along with the refund of any balance due. It also requires that LL provides a copy of all receipts/invoices that cover the amounts claimed as deductions.

If the refund is not sent within the 21 days, the LL loses their right to make ANY deductions and must return the full deposit. If it is found that the LL made improper deductions to your security deposit, and you file suit, you can claim twice the security deposit for the LLs bad faith actions.

Write a letter to the LL demanding a full refund of the remaining deposit, certified mail return receipt requested. Be sure to state the legal requirements for the return of the security deposit under CA Civil Code 1950.5 and that LL failed to meet the required timeline and did not provide either the written itemized list of deductions nor receipts/invoices that validate the deduction expenses.

You're not likely to get the LL to just hand over that balance, if you want it you're looking at having to file a claim in Small Claims to collect it.

 

[bkobean]

Thanks Sandy. That was really helpful. Like I said, I dont want to file a suit, I just want to be fair, and to me, his charges were out of line.
I will write a letter and send it off.

THank you