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legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 10484
Experience:  Just Answer consultant at Self employed
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I have a deposit dispute with the property management

Customer Question

i have a deposit dispute with the property management company.
JA: Where is the property located?
Customer: in eastvale california. riverside county
JA: Has any paperwork been filed?
Customer: no. but i sent them a certified letter disputing their extra charges
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes. while moving out, i paid to have the house cleaned, and repairs done. and carpet cleaned. and they are refusing to give back deposit and tacked on additional charges for wear and tear
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  legalgems replied 9 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 9 months ago.

what is your question please?

Customer: replied 9 months ago.
the property management company responded to my certified letter by saying they forwarded it to their attorney and that a "judge may need to sort this out." i have not recived any additional response or my deposit. we moved out on 10/31/16.
Expert:  legalgems replied 9 months ago.

I am sorry to hear this; that is a long time to wait for a deposit;

so if the landlord (LL) unreasonably withholds a deposit, the tenant can bring a small claims action - appropriate for cases under $10,000:

That packet is here

The LL can only deduct for damages to the unit; NOT for ordinary wear and tear.

This explains what constitutes wear and tear - for which there cannot be a deduction

so for example, they can't charge for smudges on walls, but they can charge for large holes; they can't charge for normal wear on a carpet, but they can charge for burns.

The relevant code is here:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1950.5

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 9 months ago.

I will be out of the office for the next several days on a personal leave; if you have any questions on the above please post here today and I will respond; otherwise I will respond as soon as I return.

It has been a pleasure to assist. If the information has been useful kindly rate positive so the site may credit my account for my time spent assisting you. Thank you.