Legal Question in Landlord & Tenant Law in California

My landlady is charging me for a lost key
I have recently moved from a condo I lived in for 9 years. During the moved I seem to have lost the key to the common areas and now my landlady is charging me $50 for the key plus $5 for shipping. In my signed lease agreement the only box checked for keys is the key to the premises with a written cost of replacement if lost of $5. Below that a box marked for the garage remote and its replacement cost. My initials appear next to this acknowledging and agreeing to this. The box for key to common area is not marked and there is no replacement cost . I have pointed this out to her and she says this is the cost she must pay the HOA and since I lost it she will deduct it from my deposit. I know I will have to take her to court for numerous other deductions she is making and would like to know if I need to add this as well?

Asked on 4/28/08, 7:20 am

2 Answers from Attorneys

Stanley Moerbeek The Law Offices of Stanley L Moerbeek

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Re: My landlady is charging me for a lost key

You are welcome to try and see how a judge would react to this rather hefty replacement cost. However, if the landlady had an out-of-pocket expense from the HOA to replace the key it's likely that she has a legitimate cost that can be passed on to you.

By the way, her security deposit statement should have had copies of the bills, receipts, or estimates for these deductions. If she didn't demand copies in writing before you file your small claims action.

Answered on 4/28/08, 3:09 pm

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