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My old landlord kept about $400 of my deposit for "required"

Customer Question
My old landlord kept...

My old landlord kept about $400 of my deposit for "required" Cleaning

Lawyer's Assistant: What state is the property located in? And has anyone consulted a local attorney about this?

CA. No

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

We cleaned. I tried talking to property manager, she referenced California law, but she umbrella-ed company policy under it too.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

How much are you going to charge. or are you going to pass expenses to them?

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
3/15/2018
Real Estate Lawyer: Barrister, Lawyer replied 4 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,576
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

I have read your comments, but I am not sure what your legal question is?

.

.

thanks

Barrister

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Customer reply replied 4 months ago
Me and my wife feel we should have gotten our full deposit, since we cleaned the place well, and left it just the way we received it. We feel the deductions from our deposit are bogus, and that the property manager is hiding by saying the law. I can forward you all correspondence.
Real Estate Lawyer: Barrister, Lawyer replied 4 months ago

Ok, so did they send you an itemized list of deductions from your deposit within 21 days of you moving out and returning the keys?

.

Did you take pictures of the place when you left to document its condition?

.

.

thanks

Barrister

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Customer reply replied 4 months ago
No pics, but we sent them an invoice of someone we hired to help us clean our place. The check they sent was drafted Feb 1, and the list showing deductions was drafted the 5th. They said they would honor our cleaning services because the person we hired wasn't bonded.
Customer reply replied 4 months ago
see attached file
Real Estate Lawyer: Barrister, Lawyer replied 4 months ago

Ok, that doesn't really answer my question about the 21 day itemized notice since I have no idea when you moved out..

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Customer reply replied 4 months ago
Move out was the 31 January 2018. I've also attached the last correspondence from the property manager.
Real Estate Lawyer: Barrister, Lawyer replied 4 months ago

Ok, so they deducted.... you disputed and objected... so now you are at the point where the only thing you are left with is filing suit and trying to prove that you returned the property in the same condition that you received it in, excluding normal wear and tear.

.

But if you were to file a small claims court case, that might get them to settle with you rather than having to be dragged into court to defend..

.

.

thanks

Barrister

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Customer reply replied 4 months ago
you recommend small claims court...Correct?
Real Estate Lawyer: Barrister, Lawyer replied 4 months ago

That is your only option if they are refusing to voluntarily refund your money..

.

But to be honest, without any pictures of how you left the place and the condition of it, you may have a tough time because all you have is your and wife's verbal testimony saying "We left it clean" and whatever bill you have from a cleaning service.

.

If they have bills from their cleaners and have photos of the place, then their evidence is going to look better than your evidence..

.

So for future reference, always take lots of pictures of a place before you move in and after you move out so you have a visual record of the condition of the place and can prove your case if the landlord tries to improperly charge you.

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Real Estate Lawyer: Barrister, Lawyer replied 4 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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