I sublet a studio apartment on June, it was month to month. I moved out on August. I gave USD$ 1,000 as a security deposit and after all this time the lady didn't get me my money back. She was out of the country but she came back 1 month ago. I asked her again this week and she said that when I left the landlord found some damages and she will keep between $200 or $300 to fix them. First I'm pretty sure I didn't made any damage, but I have no pictures to prove it, second I don't know why she didn't mention this when I asked her about the deposit.
Do you think she can keep that money for the damage, even when is 3 motnhs after?
2006-12-09 16:36:11 · 7 answers · asked by V+ 1 in Business & Finance ➔ Renting & Real Estate
This is in Los Angeles, California.
2006-12-09 16:36:57 · update #1
I didn't take pictures, but how can they prove those damages were done by me? I left 3 months ago. Do they have to prove it to me also? Can I accept a picture taken today as a prove of those damages they say I did???
2006-12-09 17:11:31 · update #2
actually, you may be clear of these damages. by law (in most states, so look this up) they can only hold your security for 1 month. Failure for them to repay your security and failure to inspect the property in that time defaults their ability to then hold you accountable for damage.
Either way - she needs to provide you a detailed list of the damage and the nature of damage and the costs of repairs.
You don't have pictures or a "check out" list to confirm that the place was in good standing when you left - so yes, you're kinda caught. however, she seems to have broken the legal time period to hold your security.
Look this up - confirm it for sure. Then call her, and tell her the situation, and say as outline in blah-blah law, you need to send me my full amount immediately or I will pursue this with a lawyer and seek the legal compensation for this (some laws also come with hefty penalities for the landlord for doing this).
Her being out of hte country is no excuse - she was responsible for knowing when your lease was up (you did tell her right?), so she should have made arraingements.
p.s. don't forget, as per most laws, that money should have been in an interest bearing account - so you're due the interest on that as well.
2006-12-09 18:42:17 · answer #1 · answered by James E 1 · 0⤊ 0⤋
Most state laws require the landlord to provide a statement of charges against your security deposit within 30 days of move-out. Your landlord in this case is the person you sublet the apartment from, NOT the property owner. Please don't pester the property owner on this, he has no liability to you at all and you don't owe him anything either.
Since your landlord didn't provide the required statement and the balance of your security deposit within the period specified by law, they lose the right to collect for any damages and MUST refund the entire security deposit without deduction. A simple reminder of the law should be enough to get your money. If that doesn't work, a suit in Small Claims court will get your money to you pretty quickly.
2006-12-09 17:54:08 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Search for the State of California Revised Statutes website, then look under the rental laws area. It should explain there what can be done. I just recently had the same problem in Illinois but did not take pictures either, so I'm out over $800. Check your lease also to see what it says. I contacted a lawyer to see if the old landlord could try to charge me any more money if they weren't able to rent the apartment. When I looked for all of my leases, I found that they had not given me one for the last year, so they can't charge me anything else but they could keep the deposit because they took pictures even though I don't believe the cost of repairs was as much as my deposit. ALWAYS take pictures and keep copies of your leases. And if you have ANY interractions you need to discuss with your landlord, DO IT IN WRITING so you have copies to protect yourself. Good Luck.
2006-12-09 17:04:35 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It doesn't matter if she found damages. She has only 21 days to return your securtiy deposit less damages of course. Since she failed to do this within the 21 days, and being out of the country is not an excuse, she needs to return the entire securtiy deposit.
Your best option is to file in small claims court, typically you can ask for double your security deposit plus court fees and attorney fees. I think you will have a very good case. If you are afraid, hire an attorney.
2006-12-10 00:50:52 · answer #4 · answered by AJ 7 · 0⤊ 0⤋
You need to take her to small claims. She should have either returned your deposit or given you a written deduction of the expenses within 21 days of you moving out.
I own and manage rental properties.
Regards
2006-12-09 16:45:38 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Take her to court. That is ridiculous. Those type of people make all landlords look bad.
If you have any witnesses to attest to the condition the rental was left in, take them with you. Make an outline of key points--so when you get to court you won't forget to mention anything.
2006-12-09 17:10:46 · answer #6 · answered by maamu 6 · 0⤊ 0⤋
without pictures..take what she offers..
or witnesses take what she offers and learn from the experience
i take pictures of everything
car wrecks..etc..
2006-12-09 16:46:15 · answer #7 · answered by m2 5 · 0⤊ 1⤋