Legal Question in Landlord & Tenant Law in California
deposit not returned
how should I go about this??? I was told by the manager not to worry about cleaning the apt., painting, or repairing a broken window. '' It will get done anyway'' is what her words were. I took pictures my last day there. she assured me that i would receive my deposit in full. I get a call 4 days later telling me that the apt. was trashed and that I would not be getting my deposit back. Broken glass, dirty walls, and wood damage to the floor. is there something I can do to at least get some of the deposit back, or am I royally screwed ?? I feel as though I am entitled to at least a portion due to the manager assuring me a refund. please help!!!
1 Answer from Attorneys
Re: deposit not returned
You are required to correct damages caused by you, and/or your invited guests, that are beyond ordinary wear and tear. You are also required to leave the apartment as clean as it was when you moved in.
The landlord may deduct from deposit:(1) repairs that are from damage you caused; (2) unpaid rent and (3) cleaning, in that you should only be charged reasonable rates for the cleaning.
Because of what the manager told you, you have a remote chance of getting something back. However, one of the oldest adages in law is that "ignorance of the law is no excuse".
I would write a certified letter to manager (return receipt) concerning the misleading words. You may want to retain an attorney to write a demand letter, as lawyers usually get a better response than you will, on your own.
The landlord is obligated to refund your deposit minus any deductions, within 21 days.
You may e-mail, or call, my office if you need more.
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