Landlord took full $900 deposit/place - emmaculate (wood floors, rentals)

[savannahQ]

Hey - my landlord just stole our deposit - we are in NY now to help my husband's sick parents. He never sent a 21 day inventory and when I inquired after 27 days he left a message that there was no deposit coming our way. We left that place emmaculate- the wood floors were waxed everything cleaned. He said he had to replace the stove and refridgerator- both from the 70s and still working when we left. We are left stunned becaused we were counting on that money, as my husband quit his job to move to NY. Does anyone know a lawyer that could get our $ back plus maybe our flight out, and pain and suffering from this???
thanks
Savannah

[UseJeff]

Per my recollection: I security deposit must be refundable. The landlord has 21 days after the tenant has moved to return all unused portions of the security deposit. They must give a written statement showing how the remainder was used. The landlord can be subject to damages up to $600.

Now, it sounds like he told you where the money went, however the mistake he made has to do with using you, to upgrade a fridge and stove.

If you lived in the house for a very long time, it could make sense. However, if you didn't then those items were 30+ years old, and you didn't cause them to cease working. Well unless you did, but really, how do you break a stove or fridge...well unless you used a bat or something.

Check out this website... it should at least help you find out who you can talk to to advise you a proper direction. California Tenants - California Department of Consumer Affairs

[j1n]

we had a similar issue, years back, in nj. as usejeff said, your ex-landlord cannot use your security dposit to upgrade appliances for the next tenant. i hope you took pictures of the empty and clean rental before you left(?)
if you are not in the wrong at all, left the place empty and clean, with appliances working, your deposit is coming back to you. the threat of legal action just might convince him to do the right thing. or, if you have a lwyer friend (or friend of the family) ask them to right a letter on their letterhead and send it off.

[UB50]

A 30 year old stove and refrigerator are way too old to even consider "normal wear and tear." They have far outlived their useful life. The courts typically have a "lifetime" that they consider things to be good for -- like paint has a lifetime of 2 years, carpets X number of years, etc. They know landlords usually buy the cheapest grade of everything too.

You should take this landlord to court.

[DontH8Me]

While I do feel for you, I really don't think that you could collect for pain and suffering. Did your landlord maliciously and intentionally shove you down a flight of stairs? Then that might warrant pain and suffering. If he's a pain in the a.z.z. then I'm afraid that's not what the law if meant for, because every citizen would have a case against multiple individuals on a daily basis and the courts are already at a near-grinding halt.

A lawyer's retainer fee alone would be about equivalent to what your actual damages might be. If you can then you will have to file a small claim to possibly recover some of your money. I personally would not bother going to court over less than $1000, and if I had to travel coast to coast to do it I would push that up to $5000.

What may work is having a friend who has a knack for writing draft a letter for you to include what the actual law states about what was mentioned already about not being able to upgrade appliances from a tenant's deposit, and mentioning that you will seek legal recourse if he fails to comply. I would have someone here in CA mail the letter for you so he isn't on to the fact that you are now 3000 miles away. This website might prove helpful to you:

California Tenant Law - Free legal advice for California renters

Good luck!

[LALady]

Originally Posted by savannahQ

Hey - my landlord just stole our deposit - we are in NY now to help my husband's sick parents. He never sent a 21 day inventory and when I inquired after 27 days he left a message that there was no deposit coming our way. We left that place emmaculate- the wood floors were waxed everything cleaned. He said he had to replace the stove and refridgerator- both from the 70s and still working when we left. We are left stunned becaused we were counting on that money, as my husband quit his job to move to NY. Does anyone know a lawyer that could get our $ back plus maybe our flight out, and pain and suffering from this???
thanks
Savannah

Did you keep the message where he said he kept the money for the stove? If not, send a certified letter requesting that he return the money within 3 weeks. See if he replies with that excuse in writing. Go from there.

He probably figured he could cheat you more easily because you were leaving the state. A small claim case is less likely because of your costs to fly out, stay in hotel, etc... Too bad the world is full of blood suckers.

[Sorcerer68]

You might plaster his name in the rentals section of Craigslist to warn others. My sister just had a near miss because someone did that. She was grateful.