LL using overpaid rent in place of deposit for repairs

[dafrokaan2005]

I agreed to move into a month to month sublease on 7/31. The terms were month-to-month with no security deposit, at $450 per month.

I physically moved in on 8/2. By 8/3, the sub lessor became convinced I was attempting identity theft and ordered me to vacate the premises, going as far as to call the police. The police came, made a report, and left. No criminal activity was cited and this was not worthy of a 3-day notice. LL did not serve me 30 days, or any written notice, but ordered me out by the next day.

So, out of good faith, I left. Today I received a check for $350. Itemized for me were deductions for 5 days from the lease signing, as well as a $25 dollar charge for a scratch on the bedroom door, totaling $100 dollars.

I think the $25 dollars is bogus, since a $25 scratch could easily be called wear and tear. Were it a $100 scratch, it would make more sense because nothing happens for $25 dollars, but $100 could replace the door, if it were that serious. There are no pre-move-in pictures, and she has not provided evidence of the scratch.

Is it legal for her to keep part of my rent, which should have been refunded, as a sort of security deposit?

 

[dafrokaan2005]

By the way, I believe she may be mentally unstable. I am a little annoyed at this point because I left in good faith and never did anything wrong. I am now homeless and sleeping on a love-seat in my friends house. The least she could do is be fair and give me back my money.

 

[Gail_in_Georgia]

If you disagree with the $25 kept you can always consider legal action but frankly, for $25 it's not worth it. It would likely cost you more than $25 to file a lawsuit.

Gail

 

[dafrokaan2005]

The money is really irrelevant in this case. Its the principal of the matter. I did everything in good faith even though I was pressured and harassed to move out within two days of actually moving in. I signed a lease, she broke the law in more than one way in harassing me to move out and not giving me ANY written notice or ANY heads up. She is not reasonable and cannot be talked to regarding any of this. I did nothing wrong but she has treated me like a piece of crap. I let her push me into leaving but i wont let her take full advantage of me. Any court costs to me I would simply add to the amount I would sue her for. Money is trivial here. My integrity is not.

 

[jacksgal]

Sounds like sourgrapes! A Judge will see through that in a hearbeat. The suit will only fuel your anger and not worth the cost whether you retrieve it or not. Keep in mind winning a law suit is still a far cry from getting the awarded sum. If you have moved out perhaps its better to just move on

 

[Gail_in_Georgia]

It is important to remember that lawsuits are about money, not principle.

Did she have the right to tell you to get out when you had a signed lease? No. If she wanted you out she should have followed the required procedure for the state this took place in.

However, by moving out, you did agree to comply with her demands to vacate the premises. Unless you can prove that your moveout was due to fear of retaliation (for example, physical) from her, a judge is likely to see that you agreed that it was time for you to move out.

And, as jacksgal has pointed out, winning a judgement is no guarantee that you'll ever see a penny of the money. Many folks who win lawsuits don't.

Gail

 

[jacksgal]

Many folks who win lawsuits don't

the Judgment against OJ Simpson in favor of The Goldman Family is one such example

 

[dafrokaan2005]

Okay I completely understand what you are all saying. Thank you. My original question still stands though because I cannot find a specific answer online: In the state of California can she deduct damages out of MY leftover rent money for the days I did NOT live there when I never gave her a deposit?

I just want to be able to tell her that what she did was not legal. If she is smart enough to know that there isn't anything I can really do to get my money back, that's fine.

 

[Gail_in_Georgia]

Your lease began July 31; you moved out August 4; correct? You were charged for the five days you were under this lease. One does not have to physically live in a place to be required to pay rent; if that were the case any tenant who goes on vacation for a couple of weeks would not be responsible for their rent during the time they were away.

Gail