Quote:
Originally Posted by Toddsinusa
Hi there
We are in the same boat but sought legal advise. You have requested the pre move out inspection. Make sure you have evidence of the request so he can't say he never got it! So do what the other person said and document your own inspection with a friend or colleague and take LOADS of pictures (date stamped). Even if the landlord agrees to do it still take loads of pictures of you guys walking through, of what he points out, of each and every room in every angle! Our lawyer said there is no such thing as too many pictures.
THEN by CA LAW he has 21 days in which to return your deposit or provide you with an explanation in writing why he is not going to return it. If he does not - our Lawyer said we are NOT to contact our landlady we are to go straight to small claims court (we can go without a lawyer - he advised us not to waste the expense of his fees as 9 times out of 10 the law is in favor of the tenant) Not only can you take him to task for the deposit but you can claim $4500 for damages - no questions ask. (that is for the trauma he has put you through). He said every case he has done has got the $4500 no questions ask.
Our landlady is being a nightmare too even thou we have improved her house and painted it at our expense and done heaps of repairs at our expense.
Our lease end on the 16th Sept and she wants us to pay UP TO AND INCL the 16th BUT she has said she wants the keys on the 15th as she has her new tenants moving in on the 16th and they are paying from the 16th too! We told her we will pay till the 15th as the new tenants are moving in on the 16th - She is trying to screw us both for the sake of 1 days rent! What kind I ask you!
Good luck - Let us know how you get on as we are in the same boat as you only two weeks later!
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You actually have to send a demand letter before you can take them to court. The defendant has to be given the chance to know why he is taken to court and given the chance to settle before going to court. If you do not send a demand letter your case will be tossed. And even when you go to court the court will ask that you see a mediator before seeing the judge
Be careful with the "we did all this stuff at our expense". The lease may have a no modifications clause. My leases do. If you modify the property I will charge you to bring it back to the original look. It may not matter how you "improved" thecproperty, the LL can use your depisitvto bring the property back to original. It's been my exoerience that very very rarely do tenants improve a property. I would personally prefer you do no improvements to my property
She cannot charge you for the 16th. For me it makes no difference. My leases state that notice must be given at the beginning of the month. My leases end at the end of the month. That's what I expect the payment to end.
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