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Old 05-13-2008, 02:03 PM
 
6 posts, read 42,886 times
Reputation: 10

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I received from my landlord after I moved out a letter that contained the following:

A brief written note by the landlord that said, this is a list of required repairs on the property and a contractors quote to fix them. Attached was a quote from a contractor with a long list of repairs(many of them I would dispute being my responsibility at all, see end of post) and than simply a price at the end. There is no mention of this being deducted from my deposit or anything of that nature.

This is in California.

Does this count as an itemized statement he is required to send me within 21 days explaining why my deposit isn't being returned? I'm not sure if he is planning on sending me something else since 21 days aren't up but this certainly doesn't seem adequate to me.

As a reference to the repairs he is contracting that I don't think I should be paying for are:

1. Repainting the entire interior of the house, I lived in the house 2.5 years and from my understanding I'm not responsible for the full or perhaps any of the amount of repainting.

2. Replacing the mail box. The 30 year old mail box that was already damaged took some damage while I was living there from vandals. He is replacing it with a brand new much nicer mail box. It doesn't seem possible that I be required to pay the full price for the new mail box.

3. Replacing the front door. Same as the mail box, the door was 30 years old and took more damage than would be normal wear and tear while I lived there. But I don't think it's fair that I pay for the entire cost of a brand new upgraded door.

Those are the major ones, there are other smaller misc. ones.
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Old 05-13-2008, 04:37 PM
 
Location: Bike to Surf!
3,080 posts, read 11,028,615 times
Reputation: 3022
He should have included the refund of your deposit in the letter with the itemized list.

I, personally, wouldn't bother with it--unless you don't get the remainder of the deposit in 21 days.

If you really want, you can look up California regulations on room painting. I'm pretty sure it's spelled out. As for the mailbox and door, you can send him a letter saying you'll dispute anything more than 2.5/30 * the cost of the door/mailbox, since you only used it for 2.5 out of 30 years.

I wouldn't hold my breath though. Unless you've got a lot of spare time and the evidence to take him to small claims court.
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Old 05-13-2008, 05:50 PM
 
6 posts, read 42,886 times
Reputation: 10
There is no mention of the deposit anywhere in the letter. The number at the end of the list of repairs conveniently is what my entire deposit is, $3000.00. I can only assume he has no intention of returning anything at all.
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Old 05-13-2008, 06:56 PM
 
28,107 posts, read 63,374,410 times
Reputation: 23222
As an Arbitrator and not a lawyer... my opinion is the note falls short in fulfilling California's Security Deposit Return/Dispositon Requirement... no where in the information you've presented is the dollar amount of the repairs or disposition of the deposit discussed.

My understanding is itemized, either by estimate or actual invoice, means COST to repair in excess of normal wear and tear.

Here is what the California Department of Consumer Affairs has to say regarding Security Deposit Returns...

California Tenants - California Department of Consumer Affairs

Painting is an area that is very subjective and is different from repairing holes and gouges in the walls and trim...

It does not seem reasonable for you to bear the full cost of painting... even if the unit was freshly painted on move-in...

My guess is the owner is not well versed in his responsibilities regarding Security Deposits...
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Old 05-13-2008, 07:15 PM
 
Location: Bike to Surf!
3,080 posts, read 11,028,615 times
Reputation: 3022
Oh, I get it. The repairs didn't come with a price per item.

No, that's not an itemized list, and yes, your former landlord is obviously trying to rip you off.

I was thinking this was $400 in repairs out of a $900 deposit or something.

I'd write him back letting him know that he is in violation of renter/tenant law (check the link from Ultrarunner and quote him the section), that he needs to provide a REAL itemized list, including receipts for work done, and that you intend to pursue the matter until you are satisfied. Document everything, use certified mail, and keep copies for yourself. Hopefully this ends up with you getting your full deposit back (and treble in damages) from this tool, but it may be a long fight.
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Old 05-22-2011, 11:30 PM
 
4,399 posts, read 10,627,219 times
Reputation: 2383
Quote:
Originally Posted by miketpowell View Post
I received from my landlord after I moved out a letter that contained the following:

A brief written note by the landlord that said, this is a list of required repairs on the property and a contractors quote to fix them. Attached was a quote from a contractor with a long list of repairs(many of them I would dispute being my responsibility at all, see end of post) and than simply a price at the end. There is no mention of this being deducted from my deposit or anything of that nature.

This is in California.

Does this count as an itemized statement he is required to send me within 21 days explaining why my deposit isn't being returned? I'm not sure if he is planning on sending me something else since 21 days aren't up but this certainly doesn't seem adequate to me.

As a reference to the repairs he is contracting that I don't think I should be paying for are:

1. Repainting the entire interior of the house, I lived in the house 2.5 years and from my understanding I'm not responsible for the full or perhaps any of the amount of repainting.

2. Replacing the mail box. The 30 year old mail box that was already damaged took some damage while I was living there from vandals. He is replacing it with a brand new much nicer mail box. It doesn't seem possible that I be required to pay the full price for the new mail box.

3. Replacing the front door. Same as the mail box, the door was 30 years old and took more damage than would be normal wear and tear while I lived there. But I don't think it's fair that I pay for the entire cost of a brand new upgraded door.

Those are the major ones, there are other smaller misc. ones.
You said this note, is a quote from a contractor? Is the contractor's name and phone number on the note? I'd be willing to bet this "contractor" doesn't exist.
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Old 05-23-2011, 07:59 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,418,810 times
Reputation: 26726
Quote:
Originally Posted by jdm2008 View Post
You said this note, is a quote from a contractor? Is the contractor's name and phone number on the note? I'd be willing to bet this "contractor" doesn't exist.
Even if he did exist he may not be in business any more as this thread is three years old ...
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