Landlord takes entire security deposit!! HELP!

[ltaniyama]

I live in CA and just received the letter from our landlord about the use of the security deposit from the studio my boyfriend and I rented. She took the entire deposit AND expects us to pay her $504 more....She is crazy. She didn't provide any receipts for the things she said she deducted for.

There is a paragraph in her self-authored lease stating that if the tenants make the unit "offensive" while trying to show the unit, that she can charge daily rental rates up to 30 days. This is how she took the entire deposit by accusing us of making the unit offensive which is totally relative.

Then on top of that she made multiple estimates of costs of repairs and said that our deductions exceed the amount of the deposit and therefore expects us to pay her. We are not going to pay. We are going to take her to small claims court for sure.

I just wanted to see if anyone has had similar experiences or can shed some light of the process of taking someone to small claims court. Any help is appreciated! Thanks!

Lauren

 

[Gail_in_Georgia]

Dispute regarding security deposits are fairly common issues between landlords and former tenants. The typical court case involves a landlord not providing the security deposit within the required time period for the particular state or keeping the deposit for what tenants argue is normal wear and tear.

A landlord can put whatever they want in a lease; if it doesn't follow state guidelines it's unenforceable.

Gail

 

[ltaniyama]

A landlord can put whatever they want in a lease; if it doesn't follow state guidelines it's unenforceable.

Gail

She took our entire security deposit based on a paragraph in her lease that said if we made the place offensive to show she could charge us one months rent...and for the record we didn't do anything out of the ordinary to make it offensive, she started showing the place 2 months before the lease we up. She is easily offended apparently.

California State Law says: The landlord may only deduct from your security deposit the amounts that are reasonably necessary to clean the premises for the next tenant, repair damages that you caused beyond normal wear and tear, and pay any rent you owed but did not pay.

So do you think that part of her lease is unenforceable by CA state law??

 

[Gail_in_Georgia]

Yes, it is unenforceable, especially in California which is extremely tenant friendly.

A judge is likely to ask what the heck does making the place "offensive" really mean in the first place?

Gail

 

[mightymoose]

How long has it been since you moved out? If less than 3 weeks, wait at least that long before taking any action (other than simply asking for the full refund).
If she does not provide you with an itemized list of damages or your full refund within the appropriate time then you will be able to get a judgment ordering her to pay back the full amount plus penalties.

Her estimates of damage are insufficient. The actual amount that she is out due to reasonable cleaning and damage caused by you is all she is entitled to. Her self-imposed penalty against you won't stand up if you take it to court.

 

[ltaniyama]

Unfortunately, we got her letter within the allotted time. She sent it to us on the 18th and she had until the 21st.

It was basically a letter stating that she took:

$150 for replacing ONE new tile in the kitchen that had a chip (which I think is wear and tear anyway)

$120 for cleaning (she didn't say by who or any specifics)

$150 for a 1/4 of the cost of painting which accordingly to state law you can't charge for painting

$965 one months rent for that absurd paragraph in her lease

And so because our deductions exceeded the amount of the deposit she thinks we owe her $504!!! No way.

I think we have a good amount of leverage in court.

 

[mightymoose]

If you dispute the amounts that were deducted you either need to try to come to an agreement with the landlord or file a small claims case. In court the landlord will have to provide receipts to document the amounts.

The burden will be on the landlord to prove that the damages were beyond ordinary wear and tear.

Hopefully you took your own pictures prior to leaving that show the condition the apartment was left in... but it will be the landlord's responsibility to prove the damage existed and that the deductions are the actual costs of the repairs.

The $965 is something that will not hold in court... you will get that back if you sue.