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The Landlord failed to provide me with any itemized statement or bill pertaining to the repair of the unit even after 21 days of vacating the unit as specified here (https://codes.findlaw.com/ca/civil-c...ct-1950-5.html) - This is even after my repeated attempts to get it from him via text and emails.
So I am planning to write him a demand letter and subsequently reach out the small claims court.
Facts of the matter
----------------------
1) Only after a month with me actively pursuing him for some kind of bill or estimate, he sent me some mold repair estimation without any itemization accusing us causing the mold damage in the bathroom.
2) He has retained both the prorated rent (I pre-paid full months rent even though we only stayed for 15 days) and the rental deposit.
3) Other bathroom had to completely remodeled due to mold damage while we were living there - We lived in the unit even while the professionals were removing the toxic mold wearing masks.
4) Even the rental property manager who managed the property for him agreed that the unit always had mold issues and asked us to send a demand letter.
5) I did not provide him with my new address, but we were communicating via emails and text after we vacated the unit.
I would really appreciate what other things I should be aware of, to maximize my chances of getting the money back?
Last edited by rentbychoice; 07-25-2019 at 08:34 PM..
(6) Any mailings to the tenant pursuant to this subdivision shall be sent to the address provided by the tenant. If the tenant does not provide an address, mailings pursuant to this subdivision shall be sent to the unit that has been vacated.
How do you know he didn't send it to the unit you vacated? How would you prove he didn't if he says he did? What are you trying to hide from by not providing your new address?
Sure, go ahead and send your demand letter (by mail, with tracking and delivery confirmation) and then sue him in small claims court. No way to predict the outcome.
PS. Whatever happened in the past is irrelevant. The only thing at issue is whether or not he is wrongfully holding your deposit.
@adjusterjack Thanks for the reply.
If he had any intention of sending it he would have emailed it - I would also ask for the proof that he sent anything at all.
What's the best way to prove he is wrongfully holding my deposit?
@adjusterjack Thanks for the reply.
If he had any intention of sending it he would have emailed it - I would also ask for the proof that he sent anything at all.
What's the best way to prove he is wrongfully holding my deposit?
In my state, it has to go to last known address/forwarding address. Email doesn’t work for this.
Also to your pre-paid rent, rent usually goes from the first to the end of the month - full month. Unless your lease states an expiration mid-month, it is expected to run the full month (e.g., a month to month lease). I dealt with this in Wisconsin on our own lease when we needed to leave bc we arranged it to be the 15th but by law we owed the full month of rent after giving notice, which I didn’t realize at the time.
We don’t know that he’s wrongfully holding your deposit as we haven’t been in the unit before and after you rented it. LL doesn’t actually have to provide proof it was sent. I do personally send it certified but as far as I know, there’s no law stating I have to provide proof that it was mailed (this is for FL; state laws vary). It’s assumed it will get to you, either bc you left a forwarding address with the LL, or bc you forwarded your mail through the postal system so it would get forwarded to you that way. Also note that they can ask for address service where they will send to your last known and if it’s forwarded, they will get a return receipt with the forwarding address.
In my state, it has to go to last known address/forwarding address. Email doesn’t work for this.
Also to your pre-paid rent, rent usually goes from the first to the end of the month - full month. Unless your lease states an expiration mid-month, it is expected to run the full month (e.g., a month to month lease). I dealt with this in Wisconsin on our own lease when we needed to leave bc we arranged it to be the 15th but by law we owed the full month of rent after giving notice, which I didn’t realize at the time.
We don’t know that he’s wrongfully holding your deposit as we haven’t been in the unit before and after you rented it. LL doesn’t actually have to provide proof it was sent. I do personally send it certified but as far as I know, there’s no law stating I have to provide proof that it was mailed (this is for FL; state laws vary). It’s assumed it will get to you, either bc you left a forwarding address with the LL, or bc you forwarded your mail through the postal system so it would get forwarded to you that way. Also note that they can ask for address service where they will send to your last known and if it’s forwarded, they will get a return receipt with the forwarding address.
Just FYI....In Florida, if a landlord imposes any claims from the deposit, a letter MUST be sent certified to the last known address.
Just FYI....In Florida, if a landlord imposes any claims from the deposit, a letter MUST be sent certified to the last known address.
I did phrase that incorrectly, you’re right.
I was speaking to furnishing proof of mailing it, which isn’t required (although would obviously be helpful in court). But the receipt from the PO would suffice if asked and the LL wanted to be friendly about it.
thanks for the response, very helpful.
So if I ask for the proof from LL about sending the itemized bill, does it suffice to just show the envelope with a stamp on it?
Or is he required to show the PO receipt etc to prove that it was indeed sent in the mandated timeframe?
In your state, the landlord is not required to sent a certified letter. The fact that you never gave a forwarding address only requires him to sent it, by regular mail, to your last known address.
In your state, the landlord is not required to sent a certified letter. The fact that you never gave a forwarding address only requires him to sent it, by regular mail, to your last known address.
Anyways I also see this -
"After either the landlord or the tenant provides notice to terminate the tenancy, the landlord and the tenant may also agree to have the landlord provide a copy of the itemized statement along with the copies required by paragraph (2) to an email account provided by the tenant."
Anyways I also see this -
"After either the landlord or the tenant provides notice to terminate the tenancy, the landlord and the tenant may also agree to have the landlord provide a copy of the itemized statement along with the copies required by paragraph (2) to an email account provided by the tenant."
So if he really had an itemized bill he could have emailed it when I kept asking him for the same.
Did you agree to him emailing it?
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