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Hi! I need help. My roommates and I moved out of our apartment this last spring. We paid a $2100 security deposit plus a $200 pet deposit, and we received $750 back. I’ll accept that the pet deposit was really a pet fee, but we took good care of the property and left it immaculate. We were charged $1350 to repaint. We tried to dispute it with her, but she wouldn’t budge (and she kept dropping hints that she was connected to the mob, and wasn’t going to give up that money with out a fight). So we caved and cashed the check, but it bounced! Is there any action we can take at this point to get that money back? I paid most of the deposit, so I’m the only one motivated to get the money returned. Can I do anything to get our deposit back, or did I just learn a $2100 lesson?
My roommates and I moved out of our apartment this last spring.
How long were you there?
Quote:
We paid a $2100 security deposit plus a $200 pet deposit, and we received $750 back.
We were charged $1350 to repaint.
Is there any action we can take at this point to get that money back?
In a word... no.
The time to have taken action was when you were moving out.
Things like condition photos and walk through inspections top the list.
The time to have taken action was when you were moving out.
Things like condition photos and walk through inspections top the list.
Pretty much.
Quote:
Originally Posted by MrRational
It's not that they CAN'T sue... it's that they don't have any cause.
Or at least haven't described any cause.
Three young guys and a dog in a place for X years?
I'm surprised that all it would need is paint.
I don't have time today but since the OP is likely a 1 post wonder after seeing this I've got to say this is complete crap. Hopefully someone comes back in here and clears this garbage up but there is a case to argue here and the OP should do it.
Paint depreciation, when it was painted previously, and the damage that caused it to be repainted all need to be proven by the LL not the tenant. And there's a bad check, take that to your state attorney general.
OP may be entitled to 3x’s the security deposit...plus interest and costs. $6300.00 is not chump change and has the right to sue for the deposit plus statutory penalties. OP should also pay a visit to the local district attorneys office and see what the options are for filing a criminal complaint regarding the bounced check. Security deposits in California are governed by Civil Code §1950.5. The statute of limitations begins to run when the claim “accrues.” In security deposit cases, the claim accrues on the 22nd day after you move out because the landlord has 21 days to refund.
There is a two-year statute of limitation on claims for the breach of an oral contract. If you do not have a lease or written agreement with your roommate or landlord, your claim may already be going down the drain. Speak to a lawyer immediately and/or file it!
Generally, one has three years to sue for a liability created by statute which could include security deposit actions since they are governed by specific statute like Civil Code §1950.5. It is unlikely that a court would find that this could apply to an oral lease because any action on the lease would be barred after two years. On the other hand, the statute of limitation for a written lease is four years.
Small Claims Court is not a court of law but a court of Justice. This means that judges look at all circumstances and are not bound by the written word of the law.
Get your documents together, organize your thoughts and pay the apprx $35 to file a Small Claims Court case. You may have a good shot.
You definitely have the right to go after the full deposit plus the pet deposit (at least in Virginia, if the landlord calls it a deposit, it has to be refunded except for legitimate damage, if they want to keep it, they should have called it a fee).
We never charge for painting, that's a normal cost of turnover (although, we would if it was painted right before they went in and the damage wasn't just normal wear and tear).
I don't know what threats they were making. If they were vague, there may not be much you can do about that (although, I would still let your attorney or whoever you talk to about this know about it).
The reality is that you have to decide if the costs, time, and headache are worth it. You may decide yes, but even if you win, you could still face a battle to actually get the money owed to you.
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