$900 got taken out of my Security Deposit :( (CA)

[NoMoreSnowForMe]

Originally Posted by santamonicamama

I lived in the same apartment in Santa Monica for 19 years from 1995 and moved out last month. They never paint our unit and change carpet in 2002. They are going to demolish my unit and make 2 bed room to 3 bed room, carpet to hardwood floor..... but they are refusing to refund my deposit for $2,269. I am fed up with this landlord. Who kept giving me 3-days notice when my boyfriend's car was parked in MY parking spot or put one nail on the wall... and even did not fix bathtub or broken toilet tank or water coming from 3rd floor. What can I do?? going to small claims court is really wasting my time and energy...

If he's refusing to return it, and you want it back, your only option is to sue him in small claims court.

Your deposit seems high for a rental in 1995. Are you sure that amount is right?

If you paid fist, last and deposit, then you can't consider any of the rent as deposit money.

At any rate, you can go to court and ask the court for the full amount of the deposit, plus twice the amount of the deposit for punitive damages, plus your court costs. Just tell the judge you don't think what the landlord has done is fair and you want the judge to make the decision.

That way you don't have to try and learn any of the law, etc. Just let the judge make the decision. I'm sure you'll get something back. Probably all of it.

[Kim in FL]

Originally Posted by santamonicamama

I lived in the same apartment in Santa Monica for 19 years from 1995 and moved out last month. They never paint our unit and change carpet in 2002. They are going to demolish my unit and make 2 bed room to 3 bed room, carpet to hardwood floor..... but they are refusing to refund my deposit for $2,269. I am fed up with this landlord. Who kept giving me 3-days notice when my boyfriend's car was parked in MY parking spot or put one nail on the wall... and even did not fix bathtub or broken toilet tank or water coming from 3rd floor. What can I do?? going to small claims court is really wasting my time and energy...

What exactly are they using the $900 for? What does the statement say?

If they are charging you for the carpet, fight it tooth and nail. they can't charge you for 12 yr old carpet unless they put in top of the line carpet and can prove it's life expectancy and can prove you damaged it beyond cleaning and/or repair. Just note, landlords aren't required to replace or paint units between tenants or during a tenancy, unless the state law requires it

The other things you mentioned (illegal parking of bf's car, neglected repairs) have nothing to do with this unless you can prove damage to your unit because of them. Your bf's car should've been in the guest spot, not your assigned spot, and after the FIRST notice you should've made sure he was doing that. The repairs should've been addressed with the landlord, in writing, a long time ago and really have nothing to do with your deposit unless they are saying you damaged the tub and toilet tank.

Write a letter of dispute and go from there...if they still don't return it (and you feel they should) then its time for small claims or chuck it up to life and move on.

[STT Resident]

Originally Posted by NoMoreSnowForMe

If he's refusing to return it, and you want it back, your only option is to sue him in small claims court.

As the previous poster notes, a letter of dispute comes first - once the OP understands the law about security deposits.

[NoMoreSnowForMe]

Originally Posted by NoMoreSnowForMe
If he's refusing to return it, and you want it back, your only option is to sue him in small claims court.

Originally Posted by STT Resident

As the previous poster notes, a letter of dispute comes first - once the OP understands the law about security deposits.

I'm just curious as to why you would think that suing in small claims court wouldn't include all of the necessary steps, including a demand letter?

BTW, to sue in small claims court, there is no need to become a lawyer, to get a lawyer, or to even understand the law. It's created for the average joe who can't afford a lawyer and doesn't necessarily understand the law.

It's perfectly acceptable, and often less stressful, to simply show up in court with your documents, and ask the judge to do what's fair. In my experience, they usually are. Even if you forget or don't know about a demand letter. The judge will just tell you to go out in the hall and try and duke it out first.

But, maybe things are vastly different in the Virgin Islands?

[STT Resident]

Originally Posted by NoMoreSnowForMe

I'm just curious as to why you would think that suing in small claims court wouldn't include all of the necessary steps, including a demand letter?

Reading the entire thread before leaping in is a good idea. Not everybody sees going to court as a game, and attempting to settle a dispute before taking the final step is clearly preferable - to most.

[NoMoreSnowForMe]

Originally Posted by STT Resident

Reading the entire thread before leaping in is a good idea. Not everybody sees going to court as a game, and attempting to settle a dispute before taking the final step is clearly preferable - to most.

My post is my own. Last I looked, the STT Resident Rules of What/How/When to Post are still not part of the TOS.

[IShootNikon]

I'm pretty sure OP has moved on since posting this in 2009

[STT Resident]

Current responses are to a new poster who added to the thread on 12/12 - see Post #8.