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I would like to start by saying I am a tenant from CA, and I have a few questions about the Landlord's/tenant's rights when it comes to security deposits.
1. It was my first time renting, and when I signed the contract I agreed to give the landlord 30 days to return the security deposit instead of the state law of 21. I did not know until recently that it was a law that the landlord had to return the deposit in 21 days. Is this legal? Since I signed a legal document does this give the landlord additional time to send the deposit?
2. When I requested an initial inspection, the landlord did not use an itemized inspection sheet or anything of that nature. I specifically pointed out areas of concern (like missing portions of blinds, etc), but she made no note of that in the initial inspection report. Can she charge me for fixing those things?
3. When I received the security deposit with a list of things she charged me for, she charged me for someone to come out and inspect some appliances? Is that legal?
California is very tenant friendly. I have no personal knowledge, but I'd guess that #1 is not legal in California. #2 did you make any list yourself, or ask her to note them and she refused? If she didn't list them, did you take dated pictures of the damage? She shouldn't be charging for them, but without some sort of proof, you'd probably lose that in court, as it would be "he said, she said". #3 they could only charge you if the appliances were damaged or dirty, not just to check and see if they are ok.
It sounds like you have already received your refund, so I'm assuming #2 has become an issue at this point, and they charged you for things you pointed out were already broken.
Personal opinion is, unless you are going to end up in court anyway over #2 and #3, I'd let #1 go. You got the refund in a reasonable amount of time. If you are going to court anyway, then #1 is a factor, as it helps establish a pattern of the landlord not knowing or not following the law.
But see if you can work out #2 and #3 outside of the courtroom first, especially if you have no dated pictures of the damage when you moved in. Look up your state law (probably stickied in a post at the top of this forum) on how to respond to the landlord. You likely have to send a letter of complaint, but California does everything differently than Idaho, where I am, so I'm not sure on the procedure there.
I disagree with Lacerta a little bit. The 21 days is your leverage. A lot was done wrong here but you need to demand you get a refund for #3, the landlord can only charge you for cleaning or repairs. In CA they must provide you with all receipts for every deduction too. As for #2 the landlord can charge you for any damages even if they were not noted in the inspection. Follow the link below and write a demand letter, in CA you can sue for the amount wrongfully withheld plus twice the amount (maybe the whole deposit I didn't read it).
I would like to start by saying I am a tenant from CA, and I have a few questions about the Landlord's/tenant's rights when it comes to security deposits.
1. It was my first time renting, and when I signed the contract I agreed to give the landlord 30 days to return the security deposit instead of the state law of 21. I did not know until recently that it was a law that the landlord had to return the deposit in 21 days. Is this legal? Since I signed a legal document does this give the landlord additional time to send the deposit?
2. When I requested an initial inspection, the landlord did not use an itemized inspection sheet or anything of that nature. I specifically pointed out areas of concern (like missing portions of blinds, etc), but she made no note of that in the initial inspection report. Can she charge me for fixing those things?
3. When I received the security deposit with a list of things she charged me for, she charged me for someone to come out and inspect some appliances? Is that legal?
Thank you so much for your help!
1. In general, CA law will supersede the contract. In this case, the deposit and/or receipt for damages must be returned within 21 days. There are some cases it can go over 21 days such as the landlord was not able to obtain your new address or unable to get a proper estimate in time (rare). I assume these do not pertain to you. Although you did not specify and perhaps not pertinent here, I will mention that the landlord is allowed to do his own work and charge a reasonable rate for his labor.
2. The purpose of the pre-moveout inspection is to make the tenant aware of things that will need attention. It seems you accomplished this. The landlord did not have to add anything, you acknowledged there may be an item of concern.
3. If the appliance was not working and needed a repairman to come out to determine what is wrong, yes, you can be charged, even if it is as minor as a pilot light out. If she hired an expert to come out just to see if something is wrong, it is not likely that will hold up. Was anything found wrong with the appliances? If not, it would seem that is a landlord expense.
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