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Experience:  20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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I just received the statement from my the apartment i just

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I just received the statement from my the apartment i just moved out of the amount of money they took from my security deposit was ridiculous. I took a trip to their offices to see if there was some kind of mistake. The woman there said no there was no mistake and couldn't answer any of my questions so i set up an appointment to talk to the head honcho in a few days. I just received a phone call from the boss and she said that "it is what it is and there was nothing i could do about it." Is this true? Can they do five minute walk-throughs and tell you that they'll send you a check in the mail for however much they want?
Submitted: 5 years ago.
Category: Legal
Expert:  Law Pro replied 5 years ago.
Did they give you an itemization of the damages that they were withholding from your security deposit?
Customer: replied 5 years ago.
They just gave me a list of the charges. There were 7 deductions total and had extremely vague detail. I.E. Waterstains in cabinet throughout $45, pressure wash oil stains $40, vinyl patch stain $90. All of which are bogus. None of that is true.
Expert:  Law Pro replied 5 years ago.

Then your option are either accept the return of security deposit as given back to you or to file suit against the landlord and present your arguments before the judge.

 

Since you did take pictures you can present those as evidence in what shape you left the apartment. Too, you can state in what shape the apartment was when you first became occupants thereof. Additionally you can state that some of the deductions are for normal wear and tear and therefore NOT deductable by the landlord.

 

California law specifically allows the landlord to use a tenant's security deposit for four purposes:

  • For unpaid rent;
  • For cleaning the rental unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in;
  • For repair of damages, other than normal wear and tear, caused by the tenant or the tenant's guests; and
  • If the lease or rental agreement allows it, for the cost of restoring or replacing furniture, furnishings, or other items of personal property (including keys), other than because of normal wear and tear.

A landlord can withhold from the security deposit only those amounts that are reasonably necessary for these purposes. The security deposit cannot be used for repairing defects that existed in the unit before you moved in, for conditions caused by normal wear and tear during your tenancy or previous tenancies, or for cleaning a rental unit that is as clean as it was when you moved in. A rental agreement or lease can never state that a security deposit is "nonrefundable."

Under California law, 21 calendar days or less after you move, your landlord must either:

  • Send you a full refund of your security deposit, or
  • Mail or personally deliver to you an itemized statement that lists the amounts of any deductions from your security deposit and the reasons for the deductions, together with a refund of any amounts not deducted.

The landlord also must send you copies of receipts for the charges that the landlord incurred to repair or clean the rental unit and that the landlord deducted from your security deposit. The landlord must include the receipts with the itemized statement. The landlord must follow these rules:

  • If the landlord or the landlord's employees did the work - The itemized statement must describe the work performed, including the time spent and the hourly rate charged. The hourly rate must be reasonable.
  • If another person or business did the work - The landlord must provide you copies of the person's or business' invoice or receipt. The landlord must provide the person's or business' name, address and telephone number on the invoice or receipt, or in the itemized statement.
  • If the landlord deducted for materials or supplies - The landlord must provide you a copy of the invoice or receipt. If the item used to repair or clean the unit is something that the landlord purchases regularly or in bulk, the landlord must reasonably document the item's cost (for example, by an invoice, a receipt or a vendor's price list)
  • If the landlord made a good faith estimate of charges - The landlord is allowed to make a good faith estimate of charges and include the estimate in the itemized statement in two situations: (1) the repair is being done by the landlord or an employee and cannot reasonably be completed within the 21 days, or (2) services or materials are being supplied by another person or business and the landlord does not have the invoice or receipt within the 21 days. In either situation, the landlord may deduct the estimated amount from your security deposit. In situation (2), the landlord must include the name, address and telephone number of the person or business that is supplying the services or materials.

    Within 14 calendar days after completing the repairs or receiving the invoice or receipt, the landlord must mail or deliver to you a correct itemized statement, the invoices and receipts described above, and any refund to which you are entitled.

The landlord must send the itemized statement, copies of invoices or receipts, and any good faith estimate to you at the address that you provide. If you do not provide an address, the landlord must send these documents to the address of the rental unit that you moved from.

The landlord is not required to send you copies of invoices or receipts, or a good faith estimate, if the repairs or cleaning cost less than $126 or if you waive your right to receive them. If you wish to waive the right to receive these documents, you may do so by signing a waiver when the landlord gives you a 30-day or 60-day notice to end the tenancy, when the landlord serves you a 3-day notice to end the tenancy, or after any of these notices. If you have a lease, you may waive this right no earlier than 60 days before the lease ends. The waiver form given to you by the landlord must include the text of the security deposit law that describes your right to receive receipts.

 

What if the repairs cost less than $126 or you waived your right to receive copies of invoices, receipts and any good faith estimate? The landlord still must send you an itemized statement 21 calendar days or less after you move, along with a refund of any amounts not deducted from your security deposit. When you receive the itemized statement, you may decide that you want copies of the landlord's invoices, receipts and any good faith estimate. You may request copies of these documents from the landlord within 14 calendar days after you receive the itemized statement. It's best to make this request both orally and in writing. Keep a copy of your letter or e-mail. The landlord must send you copies of invoices, receipts and any good faith estimate within 14 calendar days after he or she receives your request.

 

 

Law Pro, Attorney
Category: Legal
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Experience: 20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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