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There are a number of ways to fight for your deposit.
The easiest is when the owner takes more than the 21 day maximum to return or provide in writing for any amount not returned.
Another is with detail pictures or a sign inventory and condition sheet at move in and again when vacating.
Another is the Landlord must offer to do a pre-move inspection and note areas of concern so you have the opportunity to address.
It could be your landlord is not a professional and unaware of what is required?
In that case, it is my understanding that before filing in small claims, you need to send a brief demand letter for any amount you believe wrongly withheld.
I could not decide how to title this thread so here is the longer story: My wife has been in this same dwelling for over a decade. Their are some things that have worn down over time such as the carpet, no more screened windows, we painted, cracks in some outlets, missing outlet covers, and other minor issues.
We are wondering if their is some kind of statue of limitation on the repairs that they will hold us accountable for given that we have been in the same house for such a long time? I imagine that the lease agreement might have some suggestions and imply that we have to cover these costs, I haven't read it cover to cover in a while, but I thought I remember reading that after x# of years you don't have to worry about those concerns?
Right now we are doing some preventative maintenance just in case. They are coming to replace the dishwasher right now and fixing the spigot in the master bath. Everything else is "cosmetic" and have lifetimes (ie: paint and carpet) so I imagine they won't charge us for it?
I dunno...just hoping for some confirmation or pointing me in the right direction.
Location: Monterey County (Marina - 93933)
House: Leasing agent (not an individual)
Thanks in advance
After 10 years it's all pretty much wear and tear. Now if you put holes in the walls kicked in doors and deliberately broke frames or cabinets or windows that is still chargeable because that's not simple worn out/end of life expectancy. That's deliberate destruction. From what you describe its all wear from use. You should be able to get all your money back.
You should also ALWAYS make your repair demands in writing. My tenants never do they just text me or email but I stay on top of repairs or replacing stuff.
Quote:
Originally Posted by TwistedGray
Ughhh they deducted $300 without sending us any receipt of what they charged against us. And let the fun begin.
Did they do a actual walk through and gave you a list of items they found other than wear/tear? The LL/PMC has to send a itemized list of charges. Did they go past 21 days to return your money?
Depending on what they did you can send what is called a letter of demand of security deposit refund. You can crib test the charges but since they never told you WHAT the money was spent on I say you make them clarify it. In front of a judge if necessary.
Did they do a actual walk through and gave you a list of items they found other than wear/tear? The LL/PMC has to send a itemized list of charges. Did they go past 21 days to return your money?
So we did a pre-inspection walkthrough, a final inspection walkthrough, and they got us the check within the 21 days. However, in neither instance did they say definitively "we are going to charge you for missing screens in the windows and priming the walls that you painted". We were told of the door hole patches though which I am okay with. We put the holes there which was when two doors fell over and more-or-less hit eachother causing a hole in each door (corners collided).
Note: I received the "move out statement" via email after calling Saturday.
Ughhh they deducted $300 without sending us any receipt of what they charged against us. And let the fun begin.
Did they do the notice per the law regarding a pre-move out inspection? Did they do one? Give you a list of what you had to do?
Plus, they didn't send you receipts. Or even an itemization?
Send them a quick letter with proof of delivery, or an email if you've been communicating that way, and tell them you want the full deposit, as allowed by law because they did not follow the letter of the law, and you want it by end of the week or you will sue. Then file in small claims court. Ask for your court costs, too, and print out the law from the link I gave you and take it with you.
All you have to say is they didn't follow the law regarding your right to a pre-move-out inspection, and they didn't send receipts (did they egven send it in 21 days?) and therefore, they lose all right to the deposit. That's all you need to say, if that's true. You don't even have to go into wear and tear, etc., because you will win on those laws alone.
Did they do the notice per the law regarding a pre-move out inspection? Did they do one? Give you a list of what you had to do?
I'll see what they gave us before moving out but I recall it being:
1. Verbal
2. A list which only outlined their cost to replace an item...not specific...general list with everything that could replace in any rental unit. They did not check anything off in that list.
Quote:
Originally Posted by NoMoreSnowForMe
Plus, they didn't send you receipts. Or even an itemization?
The lady implied they mailed it to us but we certainly did not receive it. When I called, she then emailed it to me instead of regular mail.
Quote:
Originally Posted by NoMoreSnowForMe
Send them a quick letter with proof of delivery, or an email if you've been communicating that way, and tell them you want the full deposit, as allowed by law because they did not follow the letter of the law, and you want it by end of the week or you will sue. Then file in small claims court. Ask for your court costs, too, and print out the law from the link I gave you and take it with you.
All you have to say is they didn't follow the law regarding your right to a pre-move-out inspection, and they didn't send receipts (did they even send it in 21 days?) and therefore, they lose all right to the deposit. That's all you need to say, if that's true. You don't even have to go into wear and tear, etc., because you will win on those laws alone.
Okay, so the check did arrive within the 21 days; however, it arrived without receipts. Then by technicality the receipts (well, not physical receipts but repair cost spreadsheet with pics, etc) arrived within the 21 days via email because I called asking for it.
So, perhaps they did follow it by law?
I did send them an email yesterday, Monday, asking for the full deposit with exception that we left a shelf screwed into a wall in the garage ($20 removal fee).
If I don't hear back I will show up in person and/or call.
I'll see what they gave us before moving out but I recall it being:
1. Verbal
2. A list which only outlined their cost to replace an item...not specific...general list with everything that could replace in any rental unit. They did not check anything off in that list.
The lady implied they mailed it to us but we certainly did not receive it. When I called, she then emailed it to me instead of regular mail.
Okay, so the check did arrive within the 21 days; however, it arrived without receipts. Then by technicality the receipts (well, not physical receipts but repair cost spreadsheet with pics, etc) arrived within the 21 days via email because I called asking for it.
So, perhaps they did follow it by law?
I did send them an email yesterday, Monday, asking for the full deposit with exception that we left a shelf screwed into a wall in the garage ($20 removal fee).
If I don't hear back I will show up in person and/or call.
Thanks for your input.
You can take them to court for the full deposit, including the shelf because they didn't do the pre-move-out inspection correctly. I've helped several people sue for their full deposits back on this one law, and the law says you get all your deposit back.
California law requires the landlord to give you written notice of your right to a pre-move-out inspection, called an "initial" inspection. In that notice, they have to spell out your rights and give you the option of a pre-move-out inspection no sooner than 2 weeks before you move out.
Then, during the inspection, they have to give you an itemized list of everything you have to do to get your FULL deposit back. The law wants tenants to have the opportunity to get their full deposits back.
Then, if you do the things on the list, they can only charge you for anything they couldn't see during the inspection (giant hole behind a painting on the wall), or damage that occurred by you after the inspection.
If they do do all of the above, they lose ALL right to any of your deposit.
The code is California Civil Code Section 1950.5 (f):
If you go to court, just print out this document, and highlight the above section, and hand it to the judge saying because the landlord violated California Civil Code Section 1950.5 (f), he loses all right to the deposit:
You don't even have to worry about the receipts or getting the itemization. All you need is the above.
I will cut and paste the actual law in a separate post, just for your convenience, and any future readers. Don't want to make this post any longer. Good luck. Oh, and if you take him to small claims court, be sure and also ask for your court fees.
(The exceptions mentioned in section (1) is regarding tenants who get evicted, etc., not a normal termination)
(f) (1) Within a reasonable time after notification of either party's intention to terminate the tenancy, or before the end of the lease term, the landlord shall notify the tenant in writing of his or her option to request an initial inspection and of his or her right to be present at the inspection.
The requirements of this subdivision do not apply when the tenancy is terminated pursuant to subdivision (2), (3), or (4) of Section 1161 of the Code of Civil Procedure.
At a reasonable time, but no earlier than two weeks before the termination or the end of lease date, the landlord, or an agent of the landlord, shall, upon the request of the tenant, make an initial inspection of the premises prior to any final inspection the landlord makes after the tenant has vacated the premises.
The purpose of the initial inspection shall be to allow the tenant an opportunity to remedy identified deficiencies, in a manner consistent with the rights and obligations of the parties under the rental agreement, in order to avoid deductions from the security.
If a tenant chooses not to request an initial inspection, the duties of the landlord under this subdivision are discharged. If an inspection is requested, the parties shall attempt to schedule the inspection at a mutually acceptable date and time. The landlord shall give at least 48 hours' prior written notice of the date and time of the inspection if either a mutual time is agreed upon, or if a mutually agreed time cannot be scheduled but the tenant still wishes an inspection. The tenant and landlord may agree to forgo the 48-hour prior written notice by both signing a written waiver.
The landlord shall proceed with the inspection whether the tenant is present or not, unless the tenant previously withdrew his or her request for the inspection.
Written notice by the landlord shall contain, in substantially the same form, the following: "State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out."
(2) Based on the inspection, the landlord shall give the tenant an itemized statement specifying repairs or cleanings that are proposed to be the basis of any deductions from the security the landlord intends to make pursuant to paragraphs (1) to (4), inclusive, of subdivision (b). This statement shall also include the texts of paragraphs (1) to (4), inclusive, of subdivision (b). The statement shall be given to the tenant, if the tenant is present for the inspection, or shall be left inside the premises.
(3) The tenant shall have the opportunity during the period following the initial inspection until termination of the tenancy to remedy identified deficiencies, in a manner consistent with the rights and obligations of the parties under the rental agreement, in order to avoid deductions from the security.
(4) Nothing in this subdivision shall prevent a landlord from using the security for deductions itemized in the statement provided for in paragraph (2) that were not cured by the tenant so long as the deductions are for damages authorized by this section.
(5) Nothing in this subdivision shall prevent a landlord from using the security for any purpose specified in paragraphs (1) to (4), inclusive, of subdivision (b) that occurs between completion of the initial inspection and termination of the tenancy or was not identified during the initial inspection due to the presence of a tenant's possessions.
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