Security Deposit Return Question (California)?

Question

Hello,

We recently found out we will only be getting roughly 40% of our security deposit back. (Out of $3,000).

When we did the walkthrough inspection at the end, nothing was written on the paper except a few minor scuff marks on the back deck.

Now, we havent received an itemized list of the deductions yet, but we were told it was for:

"owner repairs"
"owner cleanup"
"general cleaning"
"misc repairs".

It sounds redundant. Now, we have had problems with this landlord up until this point, including us being evicted because he had to move back into this house, he foreclosed on his other house.

We think he may be fibbing about all of these, but we wont have any proof until we see receipts.

My question is, are they allowed to withdraw all of this if it wasnt written on the walkthrough inspection? I know they can withdraw a "reasonable cleaning fee", but this seems absurd.

Anyone else go through this situation, and have any tips? I would hate to have to take him to small claims court.

Thanks!

Answer 1

he might not have all your money. a land lord can do what ever they want with your security deposit. he most likely used it to pay for his other house when he got behind on payments. also i wounder about his legal right to evict you, if you where in a year lease and he evicts you while no wrong is done on your part you may be entitled to the full amount no matter the condition. but if you where month to month all the land lord need to give is notification of termination.



suggestion for next time use a camera or a video tape and record what the place looks like before you move in and when you move out.

Answer 2

You've had problems with him all along and yet you hate to go to small claims court? Take him. He has to list in detail what repairs were done and what cleanup means. General cleaning is considered usual and shouldn't cost much. He lists 2 cleanings !?



If you received a copy of the walk thru inspection with his signature, you have a good case. In court, he'll have to provide receipts for all. You should always take photos on moving in and on the walk thru when leaving.



Take him to court. He'll lose and have to pay your filing fees.

Answer 3

A landlord is not allowed to charge you for his labor so some of his charges are bogus. He can only charge for outside help and materials. For instance, he can charge you $50 for paint but nothing for doing the painting himself. Ask for receipts. Anything he can't produce a bill or canceled check for can't be withheld from your security deposit so go after him.

You will probably have to sue him so get as much as you possibly can in writing and keep the verbal communication to a minimum.