In California - Former Landlord Keeps "Finding Things" After the Move Out Process / Shady Invoices for "Damages" (lease, tenant)

[My Other Self]

About a year ago, I started a thread here about an awful living experience I was going through at this place. I stuck my lease out, and now the property manager is trying to gouge me.

(original thread for reference)
//www.city-data.com/forum/renti...-my-lease.html

I lived the worst year of my life in a condo in a rough neighborhood. When I first moved in to this place, there were all sorts of issues. The property manager was completely unresponsive and over the course of my interaction with him I've come to the realization that he's just incredibly incompetent and very flaky.

Aside from all of the "fixes" that had to be done, my move out "final inspection" was on February 28th. We met at 1pm. He was under the assumption that I'd be entirely moved out by then, even though my lease wasn't over until 12:00am on March 1st. I had a few boxes and items in a corner but otherwise the unit was empty.

First, he scheduled viewings for right after our final walkthrough to show prospective tenants (while I was still moving things out). He had also had me (myself) showing some guy the place a few weeks prior, when I was in the packing process. During the final walkthrough, he commented how clean the walls were and overall there wasn't a whole lot he could assess as damaged. The entire unit was wood laminate for the floor. There was a part of the floor that had some sort of weird indentation in it with a pink stain, almost as if someone burnt a candle and it dripped. It wasn't from me, but I never spent any time in that part of the unit so I never noticed it. He dinged it off as damaged, and I said "okay" since I couldn't dispute it. That was it. I initialed by what he assessed as damage and that was it.

The initial deposit was $1100.

After I moved out and vacated the property, I've gotten several e-mails. This was all stuff he found after I was out:

-Water damage to floor (he is assuming it is from my cat's water dish)
-Yellowish stains on the walls in the bathroom

So initially, he sent me a deposit disposition estimate. On it was what he was assessing for everything.

$120 - Cleaning
$350 - Labor for floor replacement

Apparently he spoke with the owner, and the owner doesn't want to fix the floor at this time. They will do it "at some point in the future." So he wants to charge me for an estimate for repairs that won't be done and deduct it from my deposit. The estimate he sent me (all in PDF forms) is written up clearly by him, but it has the vendors info on it (contractor #, phone number, and all that). He could be making up the price, though. I have no idea.

Initially he didn't send over a cleaning invoice. He sent over something else he typed up and when I pointed this out, he then provided a scanned PDF of the actual invoice given to him by the cleaning company.

Here is a history of our interactions (all through e-mail):

Him:

I am processing your security deposit.

Regarding the floor damage in the living room and the dining area;
In order to repair these damages, we need to (1) locate the original laminated floor material, (2) to remove the floor boards from the edge/wall all the way to the affected area, (3) replace the damaged laminated boards and (4) put everything back.

I have the following thought on this ;
(1) it does not make sense to go through the full expense now to repair these damages at this time.

(2) I do need to retain appropriate funds for the owner to fix/replace the floor in the future. We need to agree on a number to take out of your security deposit as a partial cost for the future repair/replacement.

The question is what the reasonable amount is to take out of your security deposit. Please share your thought with me.

I have included the pictures showing the dents and the water related floor damage ( from potentially splashed water from your cat's water feeder).

Me:

I think your idea makes sense and in terms of general wear and tear I believe if an appropriate amount is to be deducted it should be fair. I don't price anything like flooring. I have absolutely no idea how or what to assess on the proposal.

Since anything deducted from my deposit is to be itemized, I believe you would need to let me know what you feel is a fair amount and we can go from there.

Him:

Owner received an estimate to repair the laminated floor ( labor only ) for $350.
Please review the attached security deposit disposition work sheet.
Let me know of any question.

I have included the vendor invoice in this email as well.

Me:

I'm not seeing any sort of vendor invoice. The second attached document looks to be something else. The date on that is for a scheduled cleaning of August 1st.

The deposit disposition looks to be an estimate. Will $470 be the final deduction or are there other variables still involved? Just wondering since the work won't be done right now as per the initial e-mail.

Thanks

Him:

The unit cleaning vendor invoice. [attached]
I am still waiting for the vendor estimate for the floor repair.

Him:

This is the cost estimate from a vendor regarding the floor repair.
Since new tenants are moving in soon, owner would not complete the repair at this time.

I will conclude the security deposit disposition based on this estimate.
Let me know if you have any question.

That last e-mail was sent on March 9th.

Then this morning, I look at my e-mail and he sent this last night:

Please take a look at these pictures.
do you know what these are ?

There's some staining on the wall in the bathroom with the attached photos he provided. There's also some rust on a vent. I didn't make these stains. It's possible they were always there and I never paid attention (I didn't spend a lot of time here). They look awfully hard to see.

I'm afraid this guy is going to keep "finding things" or try and assess more money out of my deposit. I didn't know they could do this? Does anyone have any advice as to how to deal with this? Are there any specific California tenant laws that can make this stop?

What he's doing already seems shady, but I'm afraid if I tell him that he can't charge me for an estimate then he'll end up charging me more to get the job done. I'm kind of pulling my hair out.

Living at this place was hell in of itself. It honestly made me depressed. I was beyond excited to leave, I just don't want to have to keep dealing with this guy. He's a property manager for a company here in Sac (he's not on his own).

Any advice? Is what he's doing wrong or illegal in any way?

[ShaneSA]

The LL has 30 days to return your deposit with deductions noted for what the deductions are and how much. Some things are normal wear and tear. Painting may or may not be required for each new tenant.
Check the laws for CA. There is a sticky at the top of the thread that will show you the rules and laws for CA.
You may well be right that the property manager is looking for deductions. I would tell him you are responsible for problems found on move out inspection and nothing more. I suspect painting the unit is not your responsibility and I would say so.
You really need to wait until March 28 to make demands. Ignore any communications until then. Start demanding return of the deposit less items found on inspection on March 28.

[STT Resident]

This link explains:

California Tenants - California Department of Consumer Affairs

[My Other Self]

Originally Posted by ShaneSA

The LL has 30 days to return your deposit with deductions noted for what the deductions are and how much. Some things are normal wear and tear. Painting may or may not be required for each new tenant.

Check the laws for CA. There is a sticky at the top of the thread that will show you the rules and laws for CA.

You may well be right that the property manager is looking for deductions. I would tell him you are responsible for problems found on move out inspection and nothing more. I suspect painting the unit is not your responsibility and I would say so.

You really need to wait until March 28 to make demands. Ignore any communications until then. Start demanding return of the deposit less items found on inspection on March 28.

According to the link provided, it looks like in California it's 21 calendar days, but for situations where estimates are provided for repairs a 14-day "good faith" grace period can be granted from that point if the work can't be completed within the 21 calendar days to then provide an itemized list include a billed invoice.

Since they don't want to do the repairs, they will never be able to provide me with an invoice since the work will not be done.

They can repeat this dance with the next tenant, but if it means less money out of my pocket then so be it.

Originally Posted by STT Resident

This link explains:

California Tenants - California Department of Consumer Affairs

From what I read on here, it sounds like unless I physically sign a form indicating I don't require receipts for repairs made that he is unable to charge me for an estimate without getting the work done. That's how I'm interpreting that anyway. If I'm wrong, someone please correct me.

The move-out sheet I signed only indicated:

Damage to floor (which I've acknowledged)
Mildew build-up in shower (which is covered through the cleaning that was done by the outside vendor)
Floor board swell (due to water and moisture)

It is signed and initialed by me. There is nothing else on there in regards to stains on walls or anything.

Thanks to both of you for your response. That link was very helpful.