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We moved from Southern California to North California in June 2013, and before that we had lived in a rental property (2bed 2bathroom) since November 2009. So our total length of stay was more than 3 years 7 months. We made a security deposit in the amount of $1350 before our move-in in November 2009 and the monthly rent was $1450. We always paid rent on time and paid the prorated rent for our last 10 days of rental.
Yesterday, we received a security deposit refund statement from the landlord agent (let's call her Ms. Slutz). Ms. Slutz list itemized charges as follows:
The total charge is $1,376.66, exceeding our security deposit by $26.66.
During our stay, we tried our best to take care of everything including the carpet and the drapery. We did not cause any damages to the carpet or drapery. The shower door was as good as we moved in more than 3 years ago. Before our move-out, we also cleaned the carpet (deep cleaned by professional), the drapery, the kitchen and the shower areas. I don't understand why Ms. Slutz would want to replace the shower door, as it was not necessary at all.
From my understanding of the California Civil Code section 1950.5 and our tenancy agreement, the cost of cleaning and repainting the wall should not be imposed on us, but clearly Ms. Slutz had a different reason for charging us.
The security deposit refund statement did not come with any invoice or receipts for substantiating the charges. That made me wonder whether these charges were made in "good faith" or not. I am also curious about the hourly rate of their cleaning service.
Making the statement even more unbelievable, Ms. Slutz sent her maintenance people or contractor to our place to measure the bedroom and living room floor and wall. They told me that the landlord was planning to remodel the property after we move out. According to them, the remodeling include replacing the carpets and upgrading the bathrooms. But I don't have any information on paper, so I am not sure if I can use this piece of information to question the security deposition deductions.
I am not thinking about sending Ms. Slutz a letter via USPS certified mail to request documents for the charges she listed in the letter. Can she fabricate some receipts/invoices to support her deductions? how do I verify if the receipts are real? If she ignores my request (say after 14 calendar days?), should I immediately file a lawsuit against her? what are my chances of winning the lawsuit? However, before I sent out the letter, I would like to hear suggestions from everyone, if any. I appreciate any reply
After we cleaned the rental property, I took pictures of almost every area in the bathrooms, living room, and our bedrooms. So I can use these as evidence to fight back.
You can file in small claims court to challenge the charges. The remodeling rumors are just that. You can't prove any of that and the landlord can just say they changed their minds making you look bad in front of the judge. You will need detailed photos from 3 years ago and on move out. There is nothing in the law in CA that says the landlord has to show you receipts but I'm guessing the judge will want the landlord to bring them to court. If you want the honest truth, you will probably not win if the landlord has all their paperwork. You have the burden of proof.
You can file in small claims court to challenge the charges. The remodeling rumors are just that. You can't prove any of that and the landlord can just say they changed their minds making you look bad in front of the judge. You will need detailed photos from 3 years ago and on move out. There is nothing in the law in CA that says the landlord has to show you receipts but I'm guessing the judge will want the landlord to bring them to court. If you want the honest truth, you will probably not win if the landlord has all their paperwork. You have the burden of proof.
If you read the California Civil Code Section 1950.5 carefully, you will know that landlord/agent is required to provide tenants with documents for their deductions. This is my understanding of the law.
And if she does produce these documents, then what?
I am denying all the charges but the charges for replacing microwave handle and broken towel bar. But still the charges for these are ridiculous. If she sends me the document (I doubt she can), I will first call each vendor to verify the charges and will file a lawsuit in small claims court. what do you think?
I am denying all the charges but the charges for replacing microwave handle and broken towel bar. But still the charges for these are ridiculous. If she sends me the document (I doubt she can), I will first call each vendor to verify the charges and will file a lawsuit in small claims court. what do you think?
Did you do a move out walk thru?
What about cleaning the grease off the wall? Did you leave grease on the wall?
What about the drapes? Did you wash them before you moved?
What about the carpet? Was the carpet left in the same condition as it was when you rented it? Did you leave stains? Just because you had it cleaned doesn't mean it's all good with the landlord..if there's stains (damage) you're going to pay for it.
As for the shower door, any idea why she replaced it?
Just make sure all your communication is done in writing and make sure you have your photos and things ready for courts. As to what you heard about remodeling, that has nothing to do with what she's charging you for .
Normal wear is expected and not deductible from you security. Broken rod, shower handle and grease on wall are deductible.
But $250 for grease removal is outrageous--it should be more like $50 at most--unless you greased up all the walls. Ask for proof of work being done. Demand refund.
The LL had to give you written notice of your right to a pre-move-out inspection. If she failed to do this, you can get your full deposit back. My daughter did this and won on this point alone.
The LL had to give you receipts with the itemized statement for any items over $126. But, you may ask for copies of ALL receipts within 14 days of receiving the itemized statement. LL then has 14 days to provide these. Ask for them in writing with proof of delivery.
Then see what she sends you.
To sue in small claims court, you need to have first asked for your money back in writing. Then you can file. So, see what she does, then send another letter demanding your refund.
I always advise people to ask for the full deposit back, then let the judge figure it out. Also, ask for your court fees to be refunded to you by the LL if you win. This is customary.
If the LL didn't follow the law to the letter regarding the security deposit, you will win.
Either way, I would expect the judge to at least say you don't owe the full amount.
If the LL didn't follow the law to the letter regarding the security deposit, you will win.
Either way, I would expect the judge to at least say you don't owe the full amount.
thanks for the informative reply, appreciate it.
The landlord agent did not notify me of my rights of requesting move-out inspection and I did not know of such rights as a tenant. Not until a week before our move-out date, a friend of mine reminded to do an inspection with the landlord agent. So I asked if the agent could do an inspection with us, however, she said she did not have time until the day (Friday) before our move-out (Saturday). The landlord agent came over on that Friday and basically did not identify any deficiencies that we should remedy. She did not leave us with any written notice for inspection or inspection results.
I do not mind paying bills that are righteously due to me, however, I'm horribly terrified by her deductions. I guess she did not intend to return my security deposit in the first place.
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