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I am so, so sorry to hear about your daughter. I represent tenants like yourself and would very much like to hear the rest of your story. Please just hit "reply" and keep typing. You may be filling out the "already tried" section with more info at this time, and so if you see this post after that, just give me a few minutes to get back to you. Thanks.
Yes, you certainly do. He is charging you for normal wear and tear on things and that is not allowed under the law. Additionally, from everything you mentioned, he would not be entitled to the monies he withheld on other things as well. It never ceases to amaze me what landlords think they can get away with. When you sue, your husband should charge the landlord for the labor on the painting. Technically, paint only has a life of 2-3 years, so what your husband did was probably unnecessary. However, because he did it and the landlord approved it, you should ask for the cost of the materials and labor. Same with the kitchen floor (materials and labor), and the pressure washing and cementing. I do believe you should sue and I definitely think you are going to be able to get money back on this. Do not forget to ask for the cost of having to bring the small claims action in the first place.
Also, one last thing--I was wondering when you got the letter from the landlord stating what he was going to withhold? He has to follow the statutes on time frames and such or you automatically get your deposit back. Similarly, you also have a certain time from to dispute what he claims to be withholding, so did you send him back a letter telling him you were disputing everything?
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Of course, I will continue to help you until you are satisfied. What I was asking is the date that the landlord mailed you the letter saying he was withholding money from your security deposit. Also, I was wondering if you had written the landlord a letter telling him you disputed everything he was withholding money for.
Are you not getting my replies? Please see my additional posts at: http://www.justanswer.com/questions/1v53a-hi-good-luck-experts-need . I am happy to keep helping you for as long as you need it.
The landlord cannot come over to your house unannounced. He has to give you 24 hours advanced notice unless it is an emergency. You could have called the cops and reported him for trespassing. However, even though you would have a cause of action for civil trespass and conversion at this point, your damages would not amount to anything. He would only be liable to you for the time he was in your place, which really doesn't amount to much. Still, it would be good to bring this up in your small claims action to show his abuse of power.
As far as the check, if you choose to cash it, you should write "Cashed under protest" under your signature. This tells the court that you are disputing the amount and are not waiving your right to the rest of the money by cashing it.
Also, please let me know if the landlord sent you a letter saying he was withholding your rent and when that letter was sent. Thank you.
Don't even worry about it! The sever is kind of slow tonight so I was wondering if my responses were not coming through.
Not having a rental agreement is not going to affect your case. While I never recommend not having a written rental agreement, right now, we are just concentrating on the return of your deposit. Since you have a paper stating what your landlord took out of your deposit and a check for the remaining balance, that is all you need to bring your case. I am sure he did not give you one because he thought that if you didn't have one, it would protect him more than you.
So when did you leave the rental property? On January 31st? Or are you saying that you stayed for an extra 10 days to complete the painting?
Also, are you saying he told you this morning that you are going to get the rest of your money back on Monday?
I hope you don't mind, but I am on the east coast and I am going to have to go to bed pretty soon. I will be online after church tomorrow and will answer all your follow-up questions then, if that's okay.
You are the sweetest customer I have had in quite some time. Please know that I am serious about following up with you tomorrow so you can have everything you need in order by Monday. You can always ask for me, and I will always be glad to help you. We will work on this issue together and I will help you all the way up until you get the rest of your money or until this is otherwise resolved! I am going to pull all the necessary CA statutes for you tomorrow and will post just as soon as I am back from church. God bless you too! You and your family will be in my prayers this week! :)
You may end up having to pay for the extra 10 days you were there. Even though you were painting, the judge will likely determine that you would have had to pay for shelter somewhere, so I don't know you can get out of that. If the landlord specifically told you you didn't have to pay rent for that time, then that may be a different story. But if you charge him for the materials and time you spent painting, you can probably make that money back.
Right now, you need to send your landlord a letter telling him you are disputing EVERY SINGLE THING he tells you that you owe him for. You are REQUIRED to send him this letter within 15 days of receiving notice of what he is withholding or you CANNOT sue to recover anything. The statutes are very specific about this. Send the letter certified mail, return receipt requested.
Before you can sue him, you have to wait until your claim is ripe. To make your claim ripe, you need to wait at least 15 days after you send the letter to file your claim. That is because you have to give him a chance to return your money to you. If he does not, them you can sue.
You would go to your local courthouse to file. You will want to talk to the small claims division. You can call the courthouse and ask if they have the forms available online--I am not sure about that since every jurisdiction is different. Most of them don't have online forms, but you may get lucky!
You can send a copy regular US Mail as well. If he does not accept the certified one, you did your part and will not be penalized. Just keep the letter when/if it comes back to you to show the judge that it was sent, as required, and you will be fine! I recommend sending one regular mail too though. Also, not sure if your letter is already sealed up, but above the landlord's name and address at the beginning of the letter, I would put "Sent via Certified and US Mail". We attorneys do that and it will just help to show the judge what you did.
Also, sorry for not getting back to you on Sunday, for some reason I thought you had said this landlord was going to be paying you back on Monday!
I am good! I guess I just did not see a question in your last reply so I thought you were just making a comment. But none of the new info changes anything I said before. Did you get the letter off okay?
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