Need Help with old Landlord (real estate, leasing, attorney)

[babyjared]

I moved out of a property in December we did a walk through and everything was fine besides a spot on the carpet. The landlord said she would get a estimate for the repair and get back to us. Now is is almost March and she calls and says we owe her 500 dollars. Do we have to still pay for this ?

[kettlepot]

I take it she is extracting that $500 from your security deposit. Already, by waiting until March to tote up the estimate and not returning the rest of your deposit within 30 days, she has violated the law.

You need to go to Small Claims Court. Small Claims is rather lenient in its treatment of litigants so they might forgive her tardiness in getting back to you. That may prevent you from winning a complete return of your deposit, but if you can show that the size of the spot shouldn't have cost $500 to fix you can certainly get the amount reduced, and yes you may win simply because the landlord took too long settling this account.

It sure would have helped if you took a picture of the spot on the carpet before you moved out.

I've taken a former landlord to court for failing to return a deposit. It was relatively easy to do, and easy to take care of in court. I received my entire deposit back plus court costs.

[Fighter 1]

Been there and done it also. She had 3 weeks to return your deposit .By Real Estate Law. also she had to send you a statement re; what was being taken out of your deposit , why it was being taken out and she must provide you with proof( like billing from cleaning co.). Yes she has violated the law re; property leasing ,but more important she has violated your Constitutional rights to prove she has a right to retain your deposit . That is a constitutional violation that is easy to proven . she can not just call you and say that you owe her more money. Kettlepot is correct . You first need to send her a demand for the return of your deposit in full within 7 days,noteing her that it is over due . Then after that you have complied with the requirements for filing the small claims action . yes it is very easy .Yes it would have been good to have photo but the court will most likely rule in your favor by the actions that the landlord has taken.Also very important donot discuss any of this on the phone with her. , tell her to put her comments in a letter to you You will need and can use these comments against her in court . Need more help ? I ,am not an Attorney , but i have been there and Won. Good Luck .

[Ultrarunner]

The California Statute on Security Deposit Return is quite clear... 21 days and you have it back in full or 21 days and you have it back less allowable charges.

Did you receive a statement within the 21 days explaining why your Deposit is not being returned? To be technical, I shouldn't say received... the Landlord is allowed to send the Statement to the last address you provided... as long as he sent it and can prove it... he has complied with the statute.

The key here is 21 days... At this point, it really doesn't matter what the reason is as long as either of the above didn't happen... you are entitled to a full return of your deposit.

The statute also provides former Tenants the right to recover more than their Deposit in certain cases where the Owner acted in Bad Faith.

Deposit Cases are rather open and shut in Small Claims Court... don't be timid about filing.

[caligrl]

Fair Housing Law in Cali is 21 days of move out. You need to call Fair Housing to help you, they will guide you.. Look at San Bern. County Housing Authority website for #. Very Important........