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Old 05-17-2013, 01:55 AM
 
14 posts, read 24,202 times
Reputation: 16

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This is long but I need some advice please! At my last residency our landlord never promptly returned calls about our broken hot water heater. Two different times we had to go a week w/o showering or doing our dishes. Calvin continuously just had to "rig" it to get a little bit of hot water. Once I started having medical issues w my pregnancy & was put on disability I gave him our 30 day notice, 60 days prior to the end of our lease. Suddenly the guy is walking w his GF from his house to ours, walking around outside our windows, doing the yard, AND entering my backyard gate when my one year old son was out there playing! WE HAD NO CLUE he was outside our home! I was furious! Then he begins threatening my husband that he is taking him "doing the yard" out of our deposit, because it was in the lease. Adding "it looks like bums live here" Yet we still had almost a month before we had to move out. Then two weeks before we are supposed to move out he begins calling both our phones (amazing, now he knows how to use his cell) a couple times a day, numerous days in a row wanting to "show off" the house to possible future tenants that SAME DAY. I was so upset about the day he was going in my backyard w my son back there w/o us knowing that I began to ignore his calls. Finally after him blowing up our phones for a week or so My husband gave in one day when I wasn't there and let him show the house off that same day. We moved out on our scheduled date. Then it was a battle just to get not even half of our deposit back. My husband called him politely asking what was going on after waiting the 21 days. He responded that he was waiting for someone else to move in, in order to give us our deposit back. I again was furious, ummm we do not have to wait until you find new tenants to receive our deposit! Finally after waiting over 35 days my husband called him again. This time my husband mentioned to him he had 21 days to send us our deposit & he did not like that! He hung up on my husband after telling him that he didn't know what he was talking about and that we signed a year lease! Lmfao! As we are staring at the month to month lease we signed! Then he calls back stating he had to pay to get a whole door frame cut out for a cheap ass old door that had a small hole in it...just to replace the door. On top of that he had to pay to get the carpets cleaned and charge us for the yard. My husband said ok I want a copy of the charges with the deposit you send. He told My husband it was "none of his business!". Now over 45 days later we receive less than HALF of our deposit! I am not that money hungry as apparently this snake is so part of me wants to say let it go...but at the same time I want this man to learn a lesson! It is not right to treat tour tenants like this! especially when i have been having health issues and am pregnant! Ugh it makes me so angry how this man has acted and treated us over moving out! Anyone have any suggestions on what to do?!
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Old 05-17-2013, 07:38 AM
 
Location: Under the Redwoods
3,751 posts, read 7,669,615 times
Reputation: 6116
The only thing you can do is take him to court or just let it go.
Lots of landlords are 'not right'. I left my last house spotless and never got my deposit back. I moved over 4 hours away, the landlord knew this and the reality of me being able to travel back and forth to do what needs to be done to sue him was slim. He flat out ignored me.
With you being pregnant and having health issues, do not give yourself anything to stress over or be angry about. Know that there are jerks out there and this is one jerk you never have to deal with ever again.
Take a deep breath, let it out along with all your frustration and move on.
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Old 05-17-2013, 08:20 AM
 
Location: San Diego
50,247 posts, read 47,005,641 times
Reputation: 34045
Small claims, slam dunk. You have paperwork.
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Old 05-17-2013, 10:09 AM
 
Location: in a galaxy far far away
19,201 posts, read 16,679,971 times
Reputation: 33331
You are right. It isn't right to treat tenants that way but many landlords are like that. If you really want to fight this, you can do as one suggested and take him to court but is it really worth your peace of mind, at this point? You've moved out, you're in a new place, your rid of this guy and moving on with your life. Chalk it up to a bad experience and just be glad he didn't cause more aggravation for you than he did. Guaranteed that someday, his shenanigans will end him up in court with another former tenant. No one gets away with it forever. Be glad you don't have to deal with him any more and just let it go. Focus on your pregnancy and being healthy and forget about the bum.
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Old 05-17-2013, 04:05 PM
 
Location: Silicon Valley
18,813 posts, read 32,484,481 times
Reputation: 38575
I'm an apartment manager in California. If a landlord doesn't return the deposit or an itemized deduction list within 21 days, he has to return your full deposit regardless of damages. Furthermore, if he keeps the security deposit, or any portion of it, in bad faith, he may be liable for up to twice the amount of the deposit in statutory damages. CA Civil Code Section 1950.5(g) is regarding giving you an itemized list including receipts. CA Civil Code Section 1950.5(1) is about keeping security deposits in bad faith.

Here's the court website about it:

Security Deposits - housing_selfhelp

Go get him! In this case, it's definitely worth taking him to court.
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Old 05-17-2013, 04:26 PM
 
24,396 posts, read 26,936,812 times
Reputation: 19962
You have a very strong case! I would take him to court. It's not like a murder trial, the process is more rewarding than stressful. Teach this person a lesson.
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Old 05-17-2013, 07:34 PM
 
Location: Silicon Valley
18,813 posts, read 32,484,481 times
Reputation: 38575
Forgot to say, take him to small claims court. No lawyers allowed, ask the court to have the LL pay your court costs if you win. Costs around $100. It's very casual, though dress respectfully so the judge likes you. Remain calm, don't rant. Just state he didn't pay you within 21 days, he kept deposit money he shouldn't have kept. Cite the appropriate laws. Hand over your paperwork. And shut up. Short and sweet. Judge will probably listen quietly, tell you he'll mail his decision (it's not like Judge Judy), then you get decision in the mail. You'll win.
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Old 05-18-2013, 02:55 AM
 
162 posts, read 319,004 times
Reputation: 99
I'd go see him.......He sounds like a worm
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Old 05-18-2013, 05:13 PM
 
Location: Where they serve real ale.
7,242 posts, read 7,904,861 times
Reputation: 3497
Take him to small claims court because he violated several state laws not least of which was failing to give receipts for any charges or deductions off of the deposit. Also, according to state law, last I checked, a landlord has 30 days from the last day of rent to return the deposit minus any expenses and any expenses deducted he must provide receipts at that time.
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Old 05-18-2013, 05:42 PM
 
Location: State of Transition
102,193 posts, read 107,809,412 times
Reputation: 116087
Quote:
Originally Posted by Think4Yourself View Post
Take him to small claims court because he violated several state laws not least of which was failing to give receipts for any charges or deductions off of the deposit. Also, according to state law, last I checked, a landlord has 30 days from the last day of rent to return the deposit minus any expenses and any expenses deducted he must provide receipts at that time.
Great info. It pays to have a lawyer (or quasi-lawyer) in the house. It's good to know that some states don't allow the "I had to keep your deposit for cleaning/damage" scam. I and some of my friends went through a lot of that in the college days.
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