Landlord making unreasonable demands against security deposit (apartment, lease) - Los Angeles - California (CA) - City-Data Forum

Flutelike · 05-12-2009, 11:04 PM

The landlord has my $3,000 security deposit. While I was living there, the couch was moved, gouging the floor noticeably in one spot. The landlord says that because of that, he now has to redo ALL of the floors (one bedroom apt.); he claims he can't just re-do one spot because it would cause unevenness in the floor. He claims that he must use his own contractor because he does not trust anyone else, and that it will cost him $2,400 to re-do all the floors. I wanted to get an independant estimate to figure out whether his figure is even reasonable, but he won't let me in with my own contractor unless I meet what seem to be very unreasonable demands (He wants that person's credit report, a copy of their driver's license, their credentials, etc. as well as charging me rent (pro-rated) for every day the person takes to perform the work). Unfortunately, although my lease isn't up for another week, I already gave back the key, so I can't get in on my own. Anybody have any insight into my rights and to what degree he is violating the law?

DezertGirl · 05-12-2009, 11:10 PM

California is a tenant-friendly state. It's actually landlord unfriendly. I believe you have all the rights in this situation, but I would consult a lawyer. Here's a useful link listing attorneys in your area:
Premier Attorney Directory, Find a Lawyer - HandelontheLaw.com
Good luck!!!!

bayarea-girl · 05-13-2009, 08:17 AM

The cost of the repair has to be reasonable. The landlord can not charge you for redoing an entire floor. They have to produce three estimates. Did you take pictures? You can still go and ask others for an estimate as well. The owner has to actually perform the work as well. Often times they will tell you it will cost xyz but not do the work. Tell the owner you are requesting to get 3 bids to do the work. You are within your rights and that you are not going for all that BS about getting a contractor's DL and Credit Report. Also tell he/she that if this problem is not resolved you are heading to small claims court. Actually, go ahead file in small claims court. That will get his/her attention right away.

Best of luck to you.

DezertGirl · 05-13-2009, 09:12 AM

Quote:

Originally Posted by bayarea-girl

The cost of the repair has to be reasonable. The landlord can not charge you for redoing an entire floor. They have to produce three estimates. Did you take pictures? You can still go and ask others for an estimate as well. The owner has to actually perform the work as well. Often times they will tell you it will cost xyz but not do the work. Tell the owner you are requesting to get 3 bids to do the work. You are within your rights and that you are not going for all that BS about getting a contractor's DL and Credit Report. Also tell he/she that if this problem is not resolved you are heading to small claims court. Actually, go ahead file in small claims court. That will get his/her attention right away.

Best of luck to you.

Excellent advice! And regarding the pix, make sure you select the date-stamp option so the pictures have the date on them.
I'm coming to you from the landlord angle. If it were my rental, I would get three estimates to have the damaged area replaced or repaired, not the entire floor. I would act in both of our best interest, supplying a lot of proof to you as to the cost.
Check out this link:
California Tenants - California Department of Consumer Affairs

808n310 · 05-14-2009, 02:33 AM

Your landlord is totally trying to make a quick buck off of you.

If your lease is still in effect and you're paid up until the end of it, you have every right to get yourself back out to the unit and take tons of photos. Document everything, close up shots to show the detail of the damage and wider shots to show the extent of damage. The landlord can only charge, I believe as someone else has already mentioned, reasonable costs for damages. He also is expected to provide you with receipts, or invoices, for all the work that was done with your account disposition or soda (statement of deposit accounting).

His reason for not wanting random contractors in is legit in the sense that his company may have strict liability concerns. But bitching about 'uneveness' and stuff like that is BS. If anything he might have to redo that specific room, but not the entire apartment, that's what transition strips are for, duh.

Immediately contact the management company (if there is one) to express your concern. Also, don't be afraid to mention how unfair you feel the situation to be, why you feel that way, and that you're willing to take it to an attorney and the BBB. CA is an extremely tenant friendly state and most landlords do not want to go to court, especially over subjective arguments like this one...

However, if you did legitimately damage the floor, you should be charged for it. But common sense is that $3000.00 for a small gouge sounds extremely exorbitant. Good luck!

BennyPhoenix · 05-14-2009, 08:26 AM

It sounds like he is trying to make money.
BUT, is it a wood floor?
If so, then repairing a gouge would require sanding and refinishing at least the entire room. Oil based finishes are no longer legal in Calif. There is no way to match a repair using the new water based finishes. The price he is stating does not seem unreasonable for a 1 bedroom apt. Whether he is trying to rip you off or not is another story.
Call your local housing authority for your rights and options.

jerry colunga · 10-22-2010, 05:42 AM

My rent date is on the 15th, my landlord is charging me rent from my rent deposit from the day he recives my 30 day notice,wich would be on the 25th ive called him on the 21st to give my notice over the phone and said he has to get trough mail in order to get any paper work started. so that adds up to 250.00 dlls. is he able to do such thing?? Am I able to live out the rent deposit instead, even if i sent the letter??