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Old 09-22-2011, 08:14 PM
 
1 posts, read 3,358 times
Reputation: 10

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Apartment is located in San Jose, California.

Hi guys,

I had moved out and returned the keys on July 14, 2011. The landlord stated that he will send us an deposit/itemized deduction statement. I believe the itemized deduction statement was sent to us within 21 days, however there were no deposit refund. The itemized deduction had stated an estimate range to a maximum range of the costs of cleaning & etc. Receipts were provided for things he had already done. And as of today, September 22, 2011 we receive our refund check with VERY little on it. The estimate stated around $11xx-14xx would be used to clean which included an estimated carpet cleaning costs (no receipts provided yet). We received a check of $1xx. Our deposit was $29XX.

We left the place very clean, carpets just needed some cleaning, but nothing in the apartment was broken. As far as I can tell, it was almost move-in-able for the next tenants. We only lived there for a year and obviously we care about our deposit refund once we move out.

So is there anything that I can do to get more out of the landlord because he took more than a month just to return our check. We had called him asking where the refund check was and he stated he did not want to send us a refund because the carpet cleaners did not provide him a receipt. I have yet to see the letter he sent us because I am currently away from the address it was sent to. (parents received the letter and notified me)

Any insight on this would me much appreciated. We are college students and this landlord just ripped us over $2000.

Last edited by itskv; 09-22-2011 at 08:26 PM..
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Old 09-23-2011, 05:03 AM
 
Location: Maine
2,272 posts, read 6,356,063 times
Reputation: 2552
The estimated cleaning costs sounds excessive to me. How big is the place? When you say you left it clean, what does "clean" mean to you? Did you scrub out all appliances, scrub the floors, clean blinds, wash walls if needed, etc?
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Old 09-23-2011, 06:17 AM
 
912 posts, read 5,003,526 times
Reputation: 2064
Step 1 - grab the pictures you took AFTER lease was signed but BEFORE you moved in.

Step 2 - compare to pictures you took AFTER you moved out.

The difference between these two is your security deposit.

If you didn't take pictures, you are SOL and just learned a very expensive lesson.
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Old 09-25-2011, 11:07 PM
 
158 posts, read 871,725 times
Reputation: 73
I just got one thing to say...if he doesn't have a reciept for carpet cleaning, he has no proof he had it cleaned. U can tell him you've contacted a lawyer about it, and if he doesn't show proof of ALL expenses, you'll be taking him to small claims. I can almost guarantee you you'll get rest of your deposit back in no time.
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Old 09-26-2011, 02:23 PM
 
Location: Boise, ID
8,047 posts, read 27,110,894 times
Reputation: 9436
What items were listed on the itemized list he sent you before? Are they reasonable? Do you agree that the items listed on them are items you damaged, and they needed fixed or replaced?

If not, your recourse is to take him to small claims. Unfortunately, you have to do that in the county where the property is, and if you don't live there anymore, that is difficult to do. And then collecting from him will probably be difficult too. But a strongly written letter from an attorney, threatening to do those things may be enough to shake loose the rest of what is owed.

Take a good look at the list. See what is reasonable and what is not, with an objective eye.

I stress that you need to take another look at the list of damages because we have had tenants move out and had $3000 worth of damage, but the place was left very clean. And they fought with us on every item of the damage, which was all, in fact, legit. I have also had people tell me a place was "move in ready - clean" when it really was a C- on the cleaning scale.
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Old 09-26-2011, 02:43 PM
 
159 posts, read 129,152 times
Reputation: 60
Default Excessive Deduction

It appears the landlord loses all right(s) he may have had as a result of his not returning your security deposit within 21 days.

California Tenants - California Department of Consumer Affairs

Last edited by Nychuck; 09-26-2011 at 02:44 PM.. Reason: Correct Spelling
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Old 09-26-2011, 03:44 PM
 
Location: Southern California
3,114 posts, read 8,013,656 times
Reputation: 3715
Quote:
Originally Posted by wickedpuppet View Post
I just got one thing to say...if he doesn't have a reciept for carpet cleaning, he has no proof he had it cleaned. U can tell him you've contacted a lawyer about it, and if he doesn't show proof of ALL expenses, you'll be taking him to small claims. I can almost guarantee you you'll get rest of your deposit back in no time.
An itemized list of expenses is enough - the landlord doesn't have to provide receipts. Think about it, what if the landlord had his regular maintenance crew clean the carpets - there would be no receipt in that case - and it would be perfectly legal.
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