Security Deposit Security Deposit and Landlord issues

B

braydendevito

New Member
Jurisdiction
California
Good morning,

Thank you for taking the time to review this message and provide some insight.

Here is a little history:
I moved into this apartment in 2012- and upon moving in, the managers asked me if I would like new carpet / linoleum (for $XXX off of my security deposit upon moving out) I declined the new carpet, and decided to keep the old stuff.

Fast forward 4 years later, I give the management my 30 day notice to vacate (March 1)

After numerous voicemails and calls, the landlord finally sent my security deposit back to me (March 28)

This is well over the 21 day California law required for the landlord to return my security deposit.

I normally wouldn't make a big deal about the 7 day late thing (EVEN THOUGH MY RENT WAS ON TIME EVERY MONTH) but the landlord has deducted about $550 from my security deposit claiming the carpet was "extremely damaged" and needed to be replaced.

I've been really nice about the whole thing, and I've been trying to get a hold of my Landlord appointed manager. I called the property management company about 3 times and 2 voicemails before someone finally answered- they gave me the number to my jurisdictions representative.

I left 2 voicemail so far (just asking to call me back about some questions on my security deposit) and have not even received a call back. They are giving me the run around and probably hoping I will just cash the check and be done with it.

Please advise on what I can do next!

thanks a lot.
 
braydendevito said:
Good morning,

Thank you for taking the time to review this message and provide some insight.

Here is a little history:
I moved into this apartment in 2012- and upon moving in, the managers asked me if I would like new carpet / linoleum (for $XXX off of my security deposit upon moving out) I declined the new carpet, and decided to keep the old stuff.

Fast forward 4 years later, I give the management my 30 day notice to vacate (March 1)

After numerous voicemails and calls, the landlord finally sent my security deposit back to me (March 28)

This is well over the 21 day California law required for the landlord to return my security deposit.

I normally wouldn't make a big deal about the 7 day late thing (EVEN THOUGH MY RENT WAS ON TIME EVERY MONTH) but the landlord has deducted about $550 from my security deposit claiming the carpet was "extremely damaged" and needed to be replaced.

I've been really nice about the whole thing, and I've been trying to get a hold of my Landlord appointed manager. I called the property management company about 3 times and 2 voicemails before someone finally answered- they gave me the number to my jurisdictions representative.

I left 2 voicemail so far (just asking to call me back about some questions on my security deposit) and have not even received a call back. They are giving me the run around and probably hoping I will just cash the check and be done with it.

Please advise on what I can do next!

thanks a lot.
Click to expand...


If a settlement can't be negotiated, your legal remedy is to take the matter to small claims court, where you could also raise the late return of the security deposit, as well as the alleged overcharge for a damaged carpet.

Under California law, a landlord must return the renter's security deposit, with an itemized statement of deductions, within 21 days after the renter has surrendered the rental property to the landlord (that is, returned the keys and vacated the property).
 
braydendevito said:
Good morning,

Thank you for taking the time to review this message and provide some insight.

Here is a little history:
I moved into this apartment in 2012- and upon moving in, the managers asked me if I would like new carpet / linoleum (for $XXX off of my security deposit upon moving out) I declined the new carpet, and decided to keep the old stuff.

Fast forward 4 years later, I give the management my 30 day notice to vacate (March 1)

After numerous voicemails and calls, the landlord finally sent my security deposit back to me (March 28)

This is well over the 21 day California law required for the landlord to return my security deposit.

I normally wouldn't make a big deal about the 7 day late thing (EVEN THOUGH MY RENT WAS ON TIME EVERY MONTH) but the landlord has deducted about $550 from my security deposit claiming the carpet was "extremely damaged" and needed to be replaced.

I've been really nice about the whole thing, and I've been trying to get a hold of my Landlord appointed manager. I called the property management company about 3 times and 2 voicemails before someone finally answered- they gave me the number to my jurisdictions representative.

I left 2 voicemail so far (just asking to call me back about some questions on my security deposit) and have not even received a call back. They are giving me the run around and probably hoping I will just cash the check and be done with it.

Please advise on what I can do next!

thanks a lot.
Click to expand...
In my opinion, since you've lived in the apartment for at least 3 and a half years, and the carpet was 'old' when you moved in, the 'normal wear and tear' on the carpeting should allow you to pay much less (if anything) than the 550.00 your LL is trying to charge you. It will probably take a case in small claims court to lower the LL charges, though.
 
Not much else to be said here but some advice for the future.

Always perform a pre move in and post move out walkthrough with the landlord or their appointment representative, ALWAYS.

The walkthoughs should result in you having a signed and itemized list of the condition of each and every inch of the rental, along with pictures. Both party's get a copy. This will help you greatly when it comes time to go to court...or help with fading memories X amount of years later.

This may all seem like a hassle but trust me it can be very beneficial. Years ago I had a landlord claim damage and painting repairs against my security deposit. The presence of my signed post move out walkthrough along with pictures saved the day...and the hassle of going to court; level heads prevailed after presenting the evidence via email and the rest of the deposit was returned a few days later.
 
I'll add something to the inspection advice.

Digital cameras are cheap and quickly being replaced by ubiquitous smart phones that take pictures.

Even poor people manage to have one or the other these days so when you move in you take dated photos of every inch of the place and save them on your computer and when you move out you take dated photos of every inch of the place for comparison. Take hundreds if you have to.
 
^ indeed. I have an app on my iPhone that places a date/time stamp on photos that I take, if I wish. Definitely a must for when the landlord claims your photos are not taken at the time of inspection.
 

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