Legal Question in Landlord & Tenant Law in California
Reclaiming security deposit
We moved out of our place one the 17th of Feb. The landlord went through the hose with his wife and my brother and was pleased with the condition. My wife called him on the 19th of march to inquire about the deposit. He said that the house was filthy, the carpet and walls needed to be repainted and replaced, and the pool needed to be refinished.
Now before we moved out we had the carpets professionally cleaned and left him the receipt to prove it. Also, in our lease it was stated that the carpets were dirty when we moved in. The walls had been painted but with his permission first. The pool was in clean condition. The same pool he increased rent for over a year to higher a pool guy but never did. there was a leak in the ceiling of the downstairs bathroom which we immediately addressed with him and he came over and did a sloppy repair so we never again used that bathroom. My wife is exhausted and just wants to let him keep the deposit. but according to cal state law he had to have sent us a written itemized letter deducting the fixes from deposit within 21 days which he did not. I did not take pictures of the place before I moved out. My brother was there to help me move and was present during the walk through. What should I do?
2 Answers from Attorneys
Re: Reclaiming security deposit
For a flat fee, my firm can prepare a legal demand letter for you in order to get your deposit returned.
www.seannovicklaw.com
Re: Reclaiming security deposit
You need to get ready to file suit in Small Claims court.
You are very perceptive and correct regarding the deposit law. There are three, and only three reasons for landlord to keep the deposit: (1) unpaid rent;(2) damage by you or your invited "guests"; (3) if you left the house dirtier than when you moved in.
Based on your factual situation, you should have never cleaned the rug. Your wife is dead wrong.
The good news is that the judge can award substantially extra damages for violating the deposit law, including $600 directly to you because of "bad faith".
In addition, you have an excellent chance for "rent abatement", which is a refund of some of the rent you have paid.
I could give you more information on the pool, and bathroom leak, if you want it, but my time is limited, and the Law Guru space is limited.
As to "What should I do?", you can write this miserly gentleman a certified letter, giving him another week to pay, file suit without writing the letter, or retain an attorney to write the landlord a strong letter. (In Small Claims, you cannot have an attorney, so the attorney is merely to give advice and write a letter at this point).
If you need any more, please feel free to e-mail, or call, my office.
Good luck!
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