Legal Question in Landlord & Tenant Law in California
Deposit money
I rented a house, the house has not been cleaned where I moved in. I moved out on June 30, 07, the landlord told me I would get my deposit of ($2100 for deposit and $300 for my pet) on the 21st of July, I have yet to recieve it, and I find out I'm only getting $1200 back becasue the sink and the tub was dirty. We went through the house with her and she never mentioned hiring anyone to clean it. What are my legal rights in terms of getting less then half my deposit back? or should I say still waiting to get only half back?
1 Answer from Attorneys
Re: Deposit money
You have a good "case".
Deposits must be returned within 21 days of the move-out, and anything deducted must be itemized.
Landlord is allowed deductions in three areas: (1) unpaid rent; (2) damages caused by tenant, and his/her guests (beyond ordinary wear and tear); (3) cleaning, but only if residence was not left as clean as it was when tenant moved in.
Since the sink and tub were dirty (assuming dirtier than when you moved in), landlord can deduct reasonable amount from deposit, but must list the amount paid for cleaning, or if she did it herself, can only charge reasonable rate for cleaning.
More good news: there is a statutory penalty of $600 to the landlord (paid directly to you) if the judge feels the landlord acted in "bad faith".
First, you need to write a letter (certified) to landlord, demanding your $2,400. Obviously she can take reasonable deduction for cleaning.
I suggest you retain an attorney to write a demand letter to this cheapskate, because I find, more often than not, landlords respond promptly.
If you need more help, feel free to e-mail, or call, my office.
Good luck!