Unreasonable deductions from security deposit?

[mizadp]

california - our family rented a home for 3 years. Landlord states that we 'breached the rental agreement' because we chose to discontinue the water softener service since we did not like the taste of the water. She claims the breach was "not paying for the utilities" as the lease required that we do. She has now deducted $636.55 for 29 months of water softener service from our security deposit. We have not cashed the balance of the deposit check. Is this a reasonable deduction or is she acting in bad faith by keeping this money of ours?

 

[HomeGuru]

If you agreed to specifically pay for the water softener service, then there is no argument as to your obligation.
I do not consider this service a utility by definition because you do not need it to live at the property such as if it was gas, water or electricity.
Furthermore, since you did not have the service, you obtained no benefit and therefore you should not have to pay the cost as there was no cost. L is charging you for a service that you did not recieve.

 

[Cvillecpm]

In CA, under 1950.5 of CA Civil Code, you can make a written demand of landlord to return the money she deducted and then sue her in SCC. Check the code and put in wording about her bad faith retention and that she may be found liable for 3X amount of deposit and then sue for 3X in SCC.

I agree that the water softener is a "service" and not a utility which would be governed by local and state legislation as utility. Landlord is really reaching for this term interpretation.

Good luck.

 

[dj1]

But if the landlord had a 3 year service contract....and the landlord owes the money.....well then YOU have to pay it.

Its no different then getting a FREE burgler alarm and signing up for 3 years of service, if you cancell YOU will have to pay for the alarm installation costs!

So sue the landlord and let her prove she had to spend the money out of her pocket.

[Edited by dj1 on 05-15-2001 at 12:49 PM]