I rented a room in a house and moved out of it recently. I paid $550 security deposit for month by month without a lease. Before I vacated my room, the landlord told me that she will mail me the refund if I can show her a copy of the check. I got the copy of the check from my bank and showed her. However, she said that she lost her valance above the window in the room which I lived in and will give me the refund after she finds her valance. There was not valance in that room when I moved in. But I did not take a picture of the room. In fact, a picture does not mean anything if she says that the picture is taken after I remove the valance. The valance is worthless to me. Why should I take it? I live in California. Do you think that I can win in the court without a lease? I just learned that the security deposit can be characterized as non-refundable if there is no lease. I will appreciate it very much if someone knows California Law and tell me what to do to win the case. Thanks!
2007-02-02 17:26:28 · 4 answers · asked by KNW 2 in Business & Finance ➔ Renting & Real Estate
I own 16 rentals. Non'refundable security deposit is not legal in CA.
Write her a formal letter of demand, wait 15 days and file a small claims action. (35$) The court has a free small claim adviser at an 800 phone #. You'll get your money back and the 35$ too. The judges hate crooked landlords. They are thought of as the experts that should cover every eventuallity, like she should have the picture with the valance.
2007-02-02 17:40:23 · answer #1 · answered by charlie at the lake 6 · 1⤊ 0⤋
The lease or lack of a lease isn't that important. A security deposit is to guarantee the landlord is not stiffed for damages, theft or non-payment of rent.
Usually landlords are allowed to ding your security deposit for cleaning and replacing things damaged beyond normal wear and tear. The last place I lived in, I got everything back because we cleaned well and only things that needed to be replaced were due to normal wear and tear.
This demonstrates the importance of a written walkthru check list before moving in and after, noting anything unusual and the state of things like rugs, pain, flooring, drapes and fixtures.
What it comes down to is this. She says there was some drapery there and it's no longer there. You say there never was any drapery. If she stiffs you, you can take her to small claims court. Was anyone with you when you first looked at the place, or soon afterwards? You can call them as witnesses if they noticed there was no valance. Do you know the former tenant? May he/she can say there wasn't one there when they lived there. Otherwise it's your word against hers. Best guess is the judge will usually believe the landlord.
Take this as a good life lesson and learn to protect yourself with a rental agreement and walkthru check list signed by you and the landlord when you first move in.
2007-02-02 17:41:07 · answer #2 · answered by Uncle Pennybags 7 · 0⤊ 0⤋
Your security deposit is refundable whether you have a lease or not. As the name states, it is a deposit against possible damages that you are responsible for while you are living there.
A landlord that accepts a security deposit should be depositing that money in a separate account and not mixed with their personal or other business accounts. Even if you accept that she will deduct money for her missing valence, she needs to return the difference immediately. Let her know she will be reported to the proper authorities (real estate board) for these violations if she doesn't.
2007-02-02 17:40:25 · answer #3 · answered by Brian G 6 · 0⤊ 0⤋
Sure you can go to court and you will win, based upon my understanding of the fact.
Take all of your cancelled checks with you. The most she can deduct is the cost of the valance. About $25.
best of luck,
2007-02-03 00:07:56 · answer #4 · answered by Anonymous · 0⤊ 0⤋