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CA law does not state that the landlord does not get to claim damages if they miss the 21 day timeline, at least read the law. It has no reference to it being invalid within the law so stop with this nonsense.
Having said that what the landlord gave you is not an itemized list or the receipts to go with it and are in violation of that part of the law. It does not permit you to get a full return of your deposit under the law though, the law actually suggests mediation be used first. The landlord has every intention of returning your deposit minus the cleaning charges so what is your complaint/question?
So what is the purpose of the law then? If there are no limits, landlords can get away with anything. All of the resources I have looked up point to the landlord illegally holding the security deposit and I am within my rights to demand the entire amount if I see fit.
The cleaning charges I am not worried about - it's everything else. She has bullied us our entire stay there and she is clearly trying to bully us again. She has enforced the contract the entire year when she wanted something out of us, but she isn't even bothered to enforce it now. Why? Because she knows she's done something wrong.
So what is the purpose of the law then? If there are no limits, landlords can get away with anything. All of the resources I have looked up point to the landlord illegally holding the security deposit and I am within my rights to demand the entire amount if I see fit.
The cleaning charges I am not worried about - it's everything else. She has bullied us our entire stay there and she is clearly trying to bully us again. She has enforced the contract the entire year when she wanted something out of us, but she isn't even bothered to enforce it now. Why? Because she knows she's done something wrong.
Actually, CA law requires the landlord to postmark the deposit/deductions on or before the 21st day. When was your letter postmarked?
So what is the purpose of the law then? If there are no limits, landlords can get away with anything. All of the resources I have looked up point to the landlord illegally holding the security deposit and I am within my rights to demand the entire amount if I see fit.
The cleaning charges I am not worried about - it's everything else. She has bullied us our entire stay there and she is clearly trying to bully us again. She has enforced the contract the entire year when she wanted something out of us, but she isn't even bothered to enforce it now. Why? Because she knows she's done something wrong.
Not sure what you are asking or if you just aren't reading clearly what the poster said. No one said anywhere or implied that 'there are no limits'.
Just shake off the anger and focus that energy on reading and following everything in this linkin it's entirety and you will be fine. California Tenants - California Department of Consumer Affairs
There is enough in this link that you will find the LL has done wrong and/or charged you incorrectly. You just need to make sure you are educated on everything and that you cross every 't' and dot every 'i' in your follow-through.
So what is the purpose of the law then? If there are no limits, landlords can get away with anything. All of the resources I have looked up point to the landlord illegally holding the security deposit and I am within my rights to demand the entire amount if I see fit.
The cleaning charges I am not worried about - it's everything else. She has bullied us our entire stay there and she is clearly trying to bully us again. She has enforced the contract the entire year when she wanted something out of us, but she isn't even bothered to enforce it now. Why? Because she knows she's done something wrong.
The 21 day limit is for her to send you the itemized list of charges and any refund due you. LL is not time limited on going after you for damages caused. She could technically charge you for everything exhausting your Sec Dep and as long as she sends thst itemized charge list within 21 days you would have to take her to court.
I send my return deposits 3 day express mail signature required.
About half the time I will return the deposit at the time the keys are returned... it has worked well for 30 years and tenants are often most grateful.
Part of the reason is my rental agreements are quite clear as to what I expect and I have always done pre-move inspections since day one... keeps surprises to a minimum.
Also have had tenants asked me straight up how much it will cost them if I have the cleaning done or dispose of trash...
The point is so it is understood I do not work for free...
I recently retired from an apt mgr job in CA. Just send a demand letter saying they have lost the right to withhold any of your money because they missed the deadline to return it. They also have to provide you with receipts, which they didn't do. So, in your demand, also ask for receipts, just so it's on record. Give them a week to send your deposit, which they won't do, then file in small claims court. You'll win.
In your small claims form, ask for your full deposit, and then write in "and any punitive damages allowed by the court and any court fees." The judge will determine the amount.
In court, just tell the judge you believe you should get your full deposit back, and any punitive damages he/she thinks is appropriate and your court costs - because the landlord didn't do an initial inspection, didn't return your deposit within 21 days as required by law, and also didn't provide any receipts for deductions. That's all you have to say. And you'll win.
I"ve helped my daughter win against landlords twice for the same, and other friends. In every case they won and the landlords paid up right after the court decision. One landlord appealed, and my daughter just showed up without a lawyer and said the same things she had in small claims court, and won the appeal, too, even though the landlord brought a lawyer. In CA the law is very clear.
Helped many co-workers and friends and all prevailed... most did have to file... only two actually ended up in Court.
The last one had me serving the papers... it was a new owner and their first building... I suggested they must know a lawyer they can ask... two hours later the check in full was ready...
Residential Landlord laws in California continue to evolve... sometimes all it takes is presenting the facts.
In case you're still checking this site, how did your case turn out? Have something similar going on. Thanks!
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