Partial security deposit refund (real estate, renters, movers)

[exrenter]

Hi,

I vacated the unit as planned by noon on my set move-out date, but landlord was not available to meet to get the keys until the next day. Does that give her any right at all to charge me for an extra day?

The landlord also claimed the kitchen counter top was burned. That may likely have been caused by a hot pan placed on the old laminate kitchen counter top. Is that a valid charge at all, or is that wear and tear? The landlord is claiming repair estimate of $450-$1000, and she is charging me for $250. Is that even right to expect an ex-renter to pay for the landlord's kitchen renovation? Any advice on whether and how I should fight this?

Thanks!

[VLWH]

Did the landlord have a drop off place for the keys? If she knew your move out date and was not available and you did vacate, then no it's not right to charge you. I'm not a expert but a burn mark on a counter top would not be considered wear and tear. Are you claiming you did not cause the damage? If you did and the cost is 450-1000, than asking you to pay only half is quite reasonable.

[CALGUY]

Originally Posted by VLWH

Did the landlord have a drop off place for the keys? If she knew your move out date and was not available and you did vacate, then no it's not right to charge you. I'm not a expert but a burn mark on a counter top would not be considered wear and tear. Are you claiming you did not cause the damage? If you did and the cost is 450-1000, than asking you to pay only half is quite reasonable.

True, the landlord coud charge you the full amount to replace the burned counter top, if you are the one that damaged it.
Consider yourself lucky that you only have to pay the $250.00
Bob.

[exrenter]

I will certainly ask her for the 1-day rental charge to be refunded. The landlord did not have a drop off place for the keys. She requested I meet her the next day at noon at the unit to return keys, do walk-through and give me back my security deposit. I drove 2-hrs in LA traffic to meet her, and turned out she did not have the check for me, said she would mail it to me the next day. And also refused to do the walk through with me, saying she had to run.

I did some research online and found out that her declining my presence for inspection puts her at fault of legal responsibility and therefore, I can dispute her $250 charges.

She took 22 days to drop the refund check in the mail, mailed it to the wrong address and I finally got the check 36 days after my move-out date. Not once during those 36 days did she bring up the countertop replacement charge. She just kept procrastinating and delaying getting me my deposit back.

[CALGUY]

I take it she deducted the $250.00 from your security deposit.
She legally had the right to do that if she explained in a written statement what the deduction was for, but here in lies the problem for her.
In the state of California, landlords have 21 days to return the security deposit.
That doesn't mean it must be in your hands in 21 days, but post marked no later than 21 days after vacating the unit.
If you didn't get it within three days of the 21st day, legally she owes you double whatever the security deposit was.
Many landlords are not aware of this law, and some of those who know about it, try to skirt the law by mailing late, thinking tenants won't ***** about it.
Now,I would send her a letter explaining that you are aware of the law, and that you are contemplating legal proceedings, if the extra amount of the security ,brought on by here failing to mail the original security in a timely manner, is not fourthcomming.
Regardless of the amount being paid to you, she still has the right to deduct the cost of replacingthe counter top damaged by you, IF she provided a written statement what the deduction in the security deposit was used for.
If she didn't do that, all the deposit is yours.
Bob.

[exrenter]

Thanks Bob for bringing to my attention the 21 days. As you said, as most renters out there, I am not aware of this. I moved out on May 23rd. She failed to be true to her words all along. First, failing to bring the check refund on the day I met her to give her the keys. Then, she did not mail the check the next day on May 24th as she promised. I had to contact her numerous times for her to eventually mail me the check, which is postmarked July 16 i.e. 24 days after my move-out date.

She did provide a letter with the check. So, in this case, what's the best way for me to proceed? Since she didn't mail me the check within the 21 days, can I still demand that she sends me a check for the remainder of my security deposit of $250 + the one day extra that she charged me after I moved out?

Also, should I hold off on cashing the check I have now? Or would cashing this check (of lesser amount) mean that I accept her terms and thus, I would have no more option to dispute the charges?

Thanks for all your advice, very much appreciate it!

[CALGUY]

If you cash the check, you forfeit all your options.
I would see her in small claims court if it were I.
Actually she owes you twice the amount of the security deposit, minus the cost of replacing the damaged countertop.
If you cash the check she gave you, you can't proceed in court at a later time to recover the balance of the security.
If you choose to take her to court, research the landlord tenant law in California, and the city of Los angeles in particular.
Once you varify the law, you know where you stand, and can proceed in small claims.
Bob.

[exrenter]

Thanks CALGUY. I did extensive research and found out that since her check does not say anything like "full payment for lease" or "final settlement," nor does the letter say anything like that, I can endorse it and cash it and still go to Small Claims court.

Update: The landlord is still not returning my calls or texting me back either. The husband of the landlord called me this morning. He flat out refused to refund me for the extra rental they deducted from my security deposit. He is claiming that they got the keys the day after the move date, hence the extra day charge. The truth and fact is that the landlord was not available to pick up the keys the before noon or later on my move day. So I met her the next day as she requested on the phone - unfortunately don't have any recording or text trail of that verbal arrangement. Now she is blaming me for not being available when I really tried to get her the keys before noon on my move date. No reason for me to hold on to the keys when I already vacated the unit.

On top of that, the landlord's husband went on further saying that he will bill me for the whole repair. I told him I expect to receive a call back from my landlord to resolve this amicably and refused to continue that phone conversation. Oh, he also said my move-out letter says to refund deposit within 30 days. I told him the law says landlords to refund within 21 days and I certainly am not the law. I don't think he's even aware of that California law.

After the conversation with the husband, I figured I might as well cash the check (which may bounce, will know in a couple days...) and sue them later. I also mailed a certified letter informing them (as per Bob's advice) that I am aware of the law. They can choose to either refund me the remainder of my security deposit. If not, I will definiltely take them to court and have good chances of winning the case (I have all the proofs by postmarked letter, my dated movers check confirming my move date, texts exchanged with the landlord etc.) and get double the amount of the security deposit minus the 100% of the repair --- which would be just fine with me, but more costly for the landlord.

[CALGUY]

Good for you.
Don't leet these slum lord sob's get away with anything.
They give we good landlords a bad name.
Bob.

[exrenter]

Couldn't agree more, Bob. I also checked with my real estate agent who is also a landlord, he said the same thing. He would never treat a great tenant who always pay rent on time and took good care of the property the way my ex-landlord is acting. Maybe they are in financial troubles or whatever, but no excuse to steal security deposits from renters.

Thank you for all your advice, very much appreciate it! I will update this post for other folks on this forum.