Legal Question in Real Estate Law in California
Can a landlord black mail?
When students first viewed the house (accompanied by parents) the landlord said it was not necessary to take photos or to worry about the house because she was not going to be picky about the deposit.
8.5 months later she did not review the house with students or parents the day their lease was up, she had them leave keys in the house.
2-3 days later she said she was going to keep the entire deposit (2,500). B/c of dirt stains in high traffic walking areas, a dirty stove & oven (that she is going to have to replace b/c it's dirty), and a crack in a plexiglass small window.
While finding housing the students get a call from the landlord saying she will not give them a good reference if they do not let her keep the entire deposit.
She sends an itemized list and with the students deposit money she decides to repave her driveway, replace the stove, and ''professionally'' clean the carpet (where she admitted she had her own steam cleaner).
2 Answers from Attorneys
Re: Can a landlord black mail?
The landlord is entitled to keep that much of the secuity [cleaning ] deposit as reasonable necessary to fix up damage that is not normal wear and tear. What that means in a real situation is unclear; two honest people will disagree as to what is reasonable usage. A judge has no way of knowing unless they see before and after pictures, which still allows a lot to interpretation.
But having compensated themselves for the damage by keeping a portion of the security deposit, the landlord has no obligation to spend the money or to spend it on any specific in the rentl unit. If you accidently run over someone and break their leg and then pay them $5,000 for their injuries, do they have to use the money for their medical bills? No.
Sorry, but you had to pay another tuition for a course from the school of hard knocks.
Re: Can a landlord black mail?
Your first apartment, eh? I bet next time you bring a video camera to both the move-in and move-out inspections.
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