QUESTION
How is the law about home rental security deposit applied?
Asked on Sep 08th, 2016 on Landlord and Tenant Law - California
More details to this question:
I moved out of a rental over a year ago. I had lived there for about 17 months. About 3 weeks after I moved out, I received a bill from the rental agency asking for nearly $5,000. This was on top of the $2,000 deposit that I had put down at move in. There were charges for things that were missing, or not clean when I had moved in. They charged for painting the walls, cleaning and replacing the carpet, and cleaning- twice. I had not completely unpacked, and there were boxes against the walls, so I don't understand how they would have gotten dirty. The carpet had not been cleaned when I moved in, and there were pine needles on the carpet from the prior tenants Christmas tree. Prior to my moving in, the cleaning lady had cleaned the place using a water bottle because she couldn't find the main water control. There were some things that were legitimate, but that should have been covered by the deposit. Now, I received a phone call from a collection agency. They wanted me to pay $4, over the phone, without seeing a bill, or explanation of charges. I requested that a copy of the expenses be mailed to me. I received only the dollar amount, with no description of the charges. I again requested a copy of the charges, and the accompanying invoices. I have not received this yet. What can I do at this point? It is way past the 21 days that they have to provide this information.
3 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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There are certain things the landlord can charge you for and certain things they cannot. Anything that can be considered normal wear and tear, cannot be charged against the tenant's deposit. They also should give you an itemized statement of the damages.
Answered on Oct 04th, 2016 at 7:04 AM
If there was no invoice for the initial deposit within the first 21 days, they owe your deposit, plus double damages. Maybe this is a scam?
Answered on Oct 03rd, 2016 at 6:22 PM
While the law requires you be given a detailed statement of the charges within 21 days, that section does not state what happens if the landlord fails to give that information. I do not know how judges in your county handle that. I would assume that the landlord can not sue you until that notice is given. You still have the right to demand an itemized billing and should tell the collection agency that, as you feel the charges are excessive. They can not do anything against you without a judgment having been entered against you; go to the web site of the court for the county in which the unit was located and see if any lawsuit was filed against you [they must do so within 2 years if an oral contract, 4 years if in writing]. Contact the owner directly and ask for the information on the damages and explain why you should not be charged. Some how you already know of some of the charges. You can not be charged for normal wear and tear. Was a pre-move in inspection made so you can prove the unit's condition before you moved in?
Answered on Oct 03rd, 2016 at 6:21 PM