Legal Question in Landlord & Tenant Law in California
refund check for a deposit on an apartment
My landlord mailed me my refund check, but charged me for a new microwave and light fixture in a walk-in closet. The microwave was working when I vacated the apartment, and the light fixture went out one day, and even though i went out to buy new bulbs, it never worked afterward. I have called him several times, and left messages, but to no avail. How do I get The $500.00 I was wrongly charged??
2 Answers from Attorneys
Re: refund check for a deposit on an apartment
He has to give you a written statement of the repairs and the costs. Send a letter by certified mail requesting the statement. If he doesn't respond, or if he responds and it doesn't sound right, take him to small claims court.
Re: refund check for a deposit on an apartment
The law is clear on this (I assume you mean "deposit" return check).
Landlord can only charge you for damages you caused and not ordinary wear and tear. Your situation is the main reason lawyers insist their tenant clients "walk through" the premises with the landlord after the lease ends, and inspect the premises together.
However, unless you had one heckuva big microwave, and an incredible light fixture, $500 is excessive.
Good news: the law says a judge can assess a landlord who keep deposit money in "bad faith" can be hit with $600 in penalties payable to the tenant. So you have up to an $1,100 law suit here.
You should retain an attorney to write a letter to landlord that you can, and will sue, without the refund of the $500 ASAP. You can also do it yourself (certified, return receipt), but attorney's letters usually work better than tenant's letters when dealing with misers like this man.
Then you go to Small Claims Court.
Feel free to e-mail, or call, my office if you need more.
Good luck!