Rent Deposit Retun (lawyer, tenants, contractor)

[GreatRenter]

I was looking for a little advice about my past LL. The company I rented from sent me an itemized list for deposit deductions, along with two good faith estimates of work to be completed. On the statement it shows that I will be returned $XXX.XX dollars for my deposit. The company sent the letter to 21 days after my move out (with no refund check enclosed).

The company did not return the remaining deposit on the 21st day and claims that they still have time to wait for the invoice on their estimate to be finalized. They said they will forward a check as soon as the contractor sends them the final invoice. Do they have to send the estimated check for my deposit return within the 21 day time frame, or just get a good faith estimate in my hands?

I want to know if they can only withhold the estimated charges, then send me an adjusted invoice within 14 more days, along with a check for my deposit. They have withheld my entire deposit up to this point, 32 days after moving.

Also I have lived in the unit for 3 years and they are charging me the full cost to repaint the garage, Does that charge have to be prorated? That is the final invoice we are waiting for.

[ferretkona]

No, they are in violation. Time to lawyer up.

[Rhenzanite]

Landlord/Tenant Book Index - California Department of Consumer Affairs

According to that, if you've been there 2+ years, paint is considered normal wear and tear and he cannot charge you for that. He also has to give you a written estimate AND the a check/money order for the remainder of your deposit by the 21 day mark. If not, he forfeits the entire deposit.

I'd send him a copy of the Tenant book with those sections highlighted and a letter demanding payment. Send it via certified letter.

[Ultrarunner]

Doubt it will go as far as appearing in court... you may have to file and serve the Landlord to get the deposit

[k374]

Landlords are pretty much scum in this regard and they know that many people don't even bother to sue. If you start the process to file a lawsuit in small claims they may quickly change their tune. Unfortunately for many going through the small claims process is just too inconvenient taking time off work etc. you could probably lose more than the deposit in question.

Usually I don't bother about couple hundred $, I just see it as a loss associated with vacating the place. I have always been "charged cleaning" fees even though my apt has been left spotless.

[Ultrarunner]

Originally Posted by k374

Landlords are pretty much scum in this regard and they know that many people don't even bother to sue. If you start the process to file a lawsuit in small claims they may quickly change their tune. Unfortunately for many going through the small claims process is just too inconvenient taking time off work etc. you could probably lose more than the deposit in question.

Usually I don't bother about couple hundred $, I just see it as a loss associated with vacating the place. I have always been "charged cleaning" fees even though my apt has been left spotless.

The cost to file is very nominal in my jurisdiction and the court offers evening court...

I tell my tenants that nothing would make me happier than refunding the deposit in full... most of the time my tenants get all of it returned...

One of the best things I've found is doing a pre-move inspection... lets everyone get on the same page while there is still time to do something...

Two things I don't negotiate on is unpaid rent and trash hauling... and I make this clear...