landlord only returned part of security deposit!

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janismonjaras

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My jurisdiction is: California

I moved out of my San Diego, California apartment on on May 31, 2009 (actually 1 week earlier, but I wrote May 31 on my Intent to Vacate Letter).

I payed a $500.00 security deposit when i moved in on May 30, 2007. The Month-To-Month Rental Agreement I initially signed said it would keep $150 for a cleaning charge 30 days after I vacated.

Today, July 2, 2009 i received my security deposit. It was for only $190.00.
She wrote a letter stating that there were "damages" to the apartment.

Screen door: 75.00 because i cut a slit into it for my dog. I only did this because that sliding door never worked, and i was told at one time to simply throw it away because none of the sliding screen doors worked. BTW, i gave her a non-refundable $250 pet deposit to cover any damages when i got my dog.

Toilet Seat cover: 15.00 because the cover is missing. When i moved in, the toilet seat broke and it did not have a cover, I took it upon myself to replace it. Its cover also broke off, i never replaced it because the original never had one.

Cutting board: 25.00 because it was missing. It was always missing. I never had one.

Wall repair: 10.00 for "some type of red color hanger". Its actually a piece of red balloon from a party we had. I couldn't take it off because i couldn't reach it, It simply needs to be pulled off.

Door numbers: 35.00 because i changed them to gold ones. I changed them because the ones i had were mismatched and were falling off, so i took it upon myself to replace them with nicer ones.

What do you think? Can she keep part of my security deposit? I understand the cleaning fee, but not the rest.

Im going to write a letter, but what if that doesn't work? Obviously she's trying to keep as much of the deposit as she can. I heard i can take her to small claims for not returning my deposit with receipts within 21 days. Is this true? Do i have a case? Would this be the only way to get my money back?
 
Attached are the laws regarding security deposits for the state of California:

http://www.rentlaw.com/dep/cadeposit.htm

http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml

Let me start by saying that your landlord is, well, an idiot. Landlord tenant laws tend to be very tenant friendly in California. As the article states, there are NO "non-refundable" fees allowed in this state. Landlords/management must provide their tenants with itemized statements regarding the amount kept from their security deposit/any monies left over within 21 days of the tenant vacating the rental. Failure to do so negates their ability to withhold any of the security deposit for damages.

You start out by becoming more familiar with tenant rights in your state (google "security deposits in California), then write a letter to the landlord stating that they have exceeded the time allowed to provide you information regarding your security deposit and that if the entire amount is not returned to you immediately you will be filing a lawsuit against the landlord for twice the amount of the security deposit.

Gail
 
Thank You Gail for your help.

Do you think i'll have any problems with the letter or worse the lawsuit because i don't have proof of any of the items I'm claiming upon moving in? I don't have pictures of the missing cutting board (location on cabinets) or original toilet seat with missing cover. Do you think this will become an issue?

Also, the $150 fee for cleaning was not exactly called "non-refundable", she worded it differently: "Deposit will be returned to Resident minus less a $150.00 1 bedroom cleaning charge (30) days after Resident is vacated..."

This is considered the non-refundable part right? Also since i signed this month-to-month lease with this wording, does it mean i forfeited any right to receive my deposit within 21 days? and opted for 30, since she wrote it in that way?

She did verbally request a $250 non-refundable pet deposit when i asked her if i could get a dog. She never requested it in writing or was it written in the lease. Do i add that on the letter? Do i request my full deposit plus the pet deposit and a receipt for cleaning expenses?

If I dont ask for the $250, shouldnt that cover any "expenses" for "damages" in the apartments?

Janis
 
The issue you should focus on in your letter is that since your landlord has not provided you with this information within the required 21 day period, you "demand" (this is why this letter is often called a "demand letter") that your entire security deposit and pet fee be returned within a certain period of time (say 1 week after the letter is received).

Failure to do so will result in you suing your landlord for the deposit AND the amount that is 2x this deposit as is allowed in California law (cite the code: California Civil Code, Section 1950.5 in the letter).

At this point you are attempting to notify the landlord that you are aware they have violated this law and because of this, you owe them nothing.

Gail
 
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