Legal Question in Real Estate Law in California
security deposit
On the final day of moving I called the leasing office and requested a walk through. The agent tried to talk me out of it. I insisted and told her I would be there shortly to turn in my keys and to schedule one. She said okay. When I arrived at the office twenty minutes later they were closed. I did not want to put the keys in the drop because the previous month they had lost my rent that way.The next two days they were closed. I had my walk through and thought I was getting back my full deposit. When I received it, it was minus three days rent and eighty dollars for pet urine on the carpet. The only pet I had was a fish. I feel I made a reasonable attempt to return the keys. I lived there for three years and when I moved in I complained about the smell of urine and was told by the previous manager that the previous tenent had a cat once the carpets dried from the shampooing the smell was gone. I sent them a certifed letter and they did not respond. Do I have a case?
2 Answers from Attorneys
Re: security deposit
Was the rental office closed during normal business hours? If they closed to prevent you from returning the keys, you have a good argument. Did you complain in writing to the previous manager about the cat urine? That would certainly help your case.
You have enough going for you to file a small claims case. Whether you will win or not depends on what evidence you have to support your case.
Re: security deposit
On the facts given, you are rather likely to get an adjustment in your favor in small claims court, but maybe not enough to be worthwhile. You have two issues: the key return and the cat urine odor. The two are slightly related but largely separate as to facts and defenses. You could win one while losing the other. The outcome in small-claims court is often dependent upon the judge's impressions of the parties' credibility and his/her sense of fair play, and strict legal principles may not be controlling.
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