Security Deposit

[harborcondo]

What is clean to you is not clean to me. You just can't seem to understand that the place has to be return in the SAME condition it was when you rented. You stated, "there were marks on the cupboards as I stated earlier from my pans, which were painted white 8 years and 2 months earlier"
It doesn't take much to see that you NEVER cleaned that area or any other area ,for 8 years and 2 months. What part do you not understand? Ask the DA about that.
No, not a jilted LL, when I first started the rental business, came close and that was an eye opener. To many years and tenants that I can see right through them, like I can see through this. So can many others. Except for the DA. Still can't see how he said you don't have to clean after living there for 8 year plus. Good luck and when the results come back in from court, just don't tell us, show us the court documents. Any one can say they won.

Of course I cleaned that area...there are several areas that you don't understand. Yes, the place has to be cleaned, which I did; however, let's not forget about that little thing called "normal wear and tear."

For your reading enjoyment (taken right from the state of California's website regarding returning of the deposit):

" A landlord can withhold from the security deposit only those amounts that are reasonably necessary for these purposes. The security deposit cannot be used for repairing defects that existed in the unit before you moved in, for conditions caused by normal wear and tear during your tenancy or previous tenancies, or for cleaning a rental unit that is as clean as it was when you moved in."

lol, you can "see right through" people now???

I will be more than happy to post the results, win or lose and I won't just tell you, I will post a link with the court docs as well.

You're a class act searchertwin , sure glad I never had a slumlord like you, you're making my landlord look like a princess!

 

[Searchertwin]

Alright, in your own research: " A landlord can withhold from the security deposit only those amounts that are reasonably necessary for these purposes. The security deposit cannot be used for repairing defects that existed in the unit before you moved in, for conditions caused by normal wear and tear during your tenancy or previous tenancies, or for cleaning a rental unit that is as clean as it was when you moved in."

To help you understand what that means above. Your own words:
1 - Stains on cupboard – lots of them for 8 years of living there
2 – Hole in front closet
3- Door off hinges
4 - “Of course I cleaned that area...there are several areas that you don't understand”..What other AREAS are you not disclosing to the board?

In your research: Shorten it down for your understanding
Security can not be used for: 1) repairs prior in unit 2) normal wear and tear 3) cleaning that is as clean as it was when you moved in

#3 is not the case with you..you admitted in your words again, “ Of course I cleaned that area...there are several areas that you don't understand.” In other words you did not do a through cleaning that you claimed you did. This is NOT wear and tear – just that you DID NOT CLEAN...your own words!

Another thing that indicates you knew the place was not up to par, was again in your own words:
“The landlord had me sign the walk thru papers, I had a witness w/me as did she” YOU knew and SHE knew that there was going to be some disagreeing on the place because of the condition. A LL never has a witness, nor the tenant, unless one party knows there is going to be some problem. If you knew you clean it, you would have not needed a witness. But you were hoping that the “wear and tear” would be your ticket to just walk away. Uh, oh, here comes that I can see right through this. I bet I am right. I am through trying to explain this to you. So good luck with your court date. You will need photos to get out of this, and I bet you don't have any. Again, good luck.

 

[Justifier]

Searchertwin, you hit it on the nail! YOU DID SEE through her.

SNAP!

 

[harborcondo]

Searchertwin....as promised, I'm back with the results...where would you like me to post them???

There was no need to go to small claims court as she issued a refund for the amount that I requested in my demand letter. Apparently, her attorney felt different than you did and recommended that she refund the amount I requested...

 

[Searchertwin]

Ya, right

 

[acmb05]

Ya, right

I'm going to disagree with you on a few things. First the closet door. There is no way the tenant should have known there were termites until it broke and you could see inside the wood itself. This is not damage this is preventive maintenance on the landlords part.

The hole from the rat. This is also not damages because tenant had no control over pests that came in and chewed the hole. Tenant states they had a rat problem and it was taken care of. This is not the tenants responsibility to fix, it is the landlords.

After 8 years I could see the cabinets having some marks from pots and pans and could be considered normal wear and tear. After 8 years they more than likely had faded some and were due for a new paint job anyway.

I honestly think if this had gone to court the tenant would have won at least some of what he was arguing for. 8 years is a long time to rent a place and not expect wear and tear and to have to repaint once tenant leaves.

 

[harborcondo]

Thank you for that! Searchertwin has from the start insisted that I did not clean and that I was responsible for everything.

I consulted with the local district attorney as well as with a real estate attorney to make sure I had grounds to go to small claims court and they both were in agreement that I did.

I was very prepared for small claims court; however, it wasn't necessary. I requested all copies of receipts; but, the landlord only sent 1 receipt for the garage door opener, dated 09/13/10 (she had not even purchased it when the original refund was sent). Her list of charges were in my opinion "bad faith." She charged me $50 for 2 mailbox keys when the post office only charges $6 each.....the list goes on. Even after requesting "all" receipts, she only sent 1....

As promised, I offered to come back (win or lose) and post the results. Searchertwin SHOULD NOT be giving any advice on here and hopefully, the advice that he/she does give, is taken with a grain of salt!!!

I'm going to disagree with you on a few things. First the closet door. There is no way the tenant should have known there were termites until it broke and you could see inside the wood itself. This is not damage this is preventive maintenance on the landlords part.

The hole from the rat. This is also not damages because tenant had no control over pests that came in and chewed the hole. Tenant states they had a rat problem and it was taken care of. This is not the tenants responsibility to fix, it is the landlords.

After 8 years I could see the cabinets having some marks from pots and pans and could be considered normal wear and tear. After 8 years they more than likely had faded some and were due for a new paint job anyway.

I honestly think if this had gone to court the tenant would have won at least some of what he was arguing for. 8 years is a long time to rent a place and not expect wear and tear and to have to repaint once tenant leaves.

 

[Who's Liable?]

Thank you for that! Searchertwin has from the start insisted that I did not clean and that I was responsible for everything.

I consulted with the local district attorney as well as with a real estate attorney to make sure I had grounds to go to small claims court and they both were in agreement that I did.

I was very prepared for small claims court; however, it wasn't necessary. I requested all copies of receipts; but, the landlord only sent 1 receipt for the garage door opener, dated 09/13/10 (she had not even purchased it when the original refund was sent). Her list of charges were in my opinion "bad faith." She charged me $50 for 2 mailbox keys when the post office only charges $6 each.....the list goes on. Even after requesting "all" receipts, she only sent 1....

As promised, I offered to come back (win or lose) and post the results. Searchertwin SHOULD NOT be giving any advice on here and hopefully, the advice that he/she does give, is taken with a grain of salt!!!

I am gald to hear of your results. Due diligence pays off.