Legal Question in Landlord & Tenant Law in California
Rental Security Deposit Refund
My family has vacated Redlands, CA apt at the end of March 2005. All rent has always been paid in full on time. Landlord is withholding ALL security deposit money totaling $1312.00 plus charging $1447.98 ADDITIONAL for cleaning and damages!!! Just received the receipts today in the mail. Letter is postmarked July 26, 2005.
1. 21 day statement of damages was not honored
2. He is trying to charge me full price to replace the carpets with new carpets. The carpets when we moved in were far from new
3. He is charging me full price to replace the kitchen and bathroom flooring. The flooring was far from new when we moved in.
4. We had professional guaranteed carpet cleaning and maid services when we vacated.
5. The landlord is double charging me: labor for cleaning the carpet and then for replacing the carpet. Also, labor for scrubbing the bathroom floors then replacing the bathroom floors.
6. I'm being charged for replacement of doorjams, faucets, and basic stuff.
Get this, he's charging me for tile in the entryway when i didn't even have tile there when I lived there! ...I had cheap carpet. He's charging me the full price to upgrade his property and not for the basic repairs. I'm not Santa Claus.
1 Answer from Attorneys
Re: Rental Security Deposit Refund
As Dr. Laura would say, "What is your question for me?"
Practically speaking, you have two options if the landlord doesn't honor the 21-day rule. The first step for both is to call and write the landlord to request a refund of your entire security deposit. You can also suggest that the dispute be mediated. If the landlord presents good reasons for keeping some or all of your deposit for a purpose listed above, it's probably wise to enter into a reasonable compromise with the landlord. This is because the other option is difficult and the outcome may be uncertain.
The other option is to sue the landlord in small claims court for return of your security deposit. However, the landlord then can file a counterclaim against you. In the counterclaim, the landlord can assert a right to make deductions from the deposit, for example, for unpaid rent or for damage to the rental that the landlord alleges that you caused. Both parties then will have to argue to the judge why he or she is entitled to the deposit.
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