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Oooh....he did give us an estimate. And as he already has new tenants in the property, then he obviously didn't fix it.
Any idea where I can find something in writing about not allowing estimates?
Estimates are only allowed in certain circumstances and in any case, he has to get info to you within 14 days, blah blah, which he didn't. It's all here:
He also has to have given you the option of a pre-move-out inspection, where he tells you what needs to be done in order to get your full deposit back. He has to give you an itemization and it has to include the section of law that's relevant on the itemization. If he didn't do that, he also loses his right to the deposit.
If there is damage that he couldn't see or that happened after the inspection, he can deduct for that.
My daughter got her security deposit back once in small claims court based only on the fact that the landlord didn't do the pre-move-out inspection notice as required by law to give her the opportunity to fix anything. He sent her the itemization on time, but deducted a bunch of stuff, so we researched the law (before I became a prop mgr).
Here's the law. The pre-move-out-inspection is in section F, California Civil Code 1950.5
i don't think people realize he gave the full deposit back. Which I would think would make any law regarding the return of the deposit a moot point.
True. The OP is gathering info to use in court, as the LL is suing to get the deposit back that he had to refund. Letting the judge know all the things the LL did wrong may help.
i don't think people realize he gave the full deposit back. Which I would think would make any law regarding the return of the deposit a moot point.
It is not at all moot. The law prescribes exactly what the landlord is required to do in order to withhold damages. He cannot waive all of that, return the deposit and then demand a do-over.
It is not at all moot. The law prescribes exactly what the landlord is required to do in order to withhold damages. He cannot waive all of that, return the deposit and then demand a do-over.
I just tried to rep you on this one, but it wouldn't let me give you another one LOL!
It is not at all moot. The law prescribes exactly what the landlord is required to do in order to withhold damages. He cannot waive all of that, return the deposit and then demand a do-over.
He could sue for damages. It's perfectly legal and within his legal rights. The only difference is the payment (if he wins in court) is not coming out of the security deposit. But he could win a judgement. He does not waive all rights to sue for damages just because he messed up on timing of the security deposit and had to return it.
He could sue for damages. It's perfectly legal and within his legal rights. The only difference is the payment (if he wins in court) is not coming out of the security deposit. But he could win a judgement. He does not waive all rights to sue for damages just because he messed up on timing of the security deposit and had to return it.
During the hearings pushing for the law, passage was seen as a way to expedite the process by instituting a time limit.
My non-legal understanding is the court was tied up with security deposit cases and the new law is in response including mandating a pre-move walk-through to minimize surprises.
I had a case where the tenant caused a grease fire through negligence... the deposit didn't even cover my deductible...
My insurance paid and went after and received a judgment from my now former tenants... one of whom is a paralegal...
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