I live in SF and moved out of a place with a $2,000 security deposit after one year. We cleaned extensively and lived very lightly. They claimed in a letter that the place was in deplorable condition and will keep the 2 grand and invoice us for additional costs. their claims are true fiction. what do I do?
2007-05-01 18:54:10 · 11 answers · asked by seve 1 in Politics & Government ➔ Law & Ethics
Definitely take him to small claims court. Also, make sure you charge him interest for the time he's been holding your deposit too.
2007-05-01 18:58:10 · answer #1 · answered by the Boss 7 · 0⤊ 0⤋
In the State of Califoria, a landlord has only 21 days from the date you move out to provide an itemized list of deductions from the security deposit. If the landlord fails to do so, he effectively waives his right to deduct anything from the deposit. This is supported by the California Civil Code as well as a California Supreme Court ruling interpreting that code. If the letter you describe simply state in general terms that the condition is deplorable, but does not itemize any deductions, then it fails to meet the requirements under the code. I would request the entire deposit back in a letter. If he fails to do so, you should file a small claims case. You'll want to look up the actual Civil Code. There is a very good source of information on the California Department of Fair Employment and Housing website that lists the relevant codes. I believe it is called the California Landlord-tenant handbook..
2007-05-01 19:11:36 · answer #2 · answered by Devin W 1 · 1⤊ 0⤋
Hope you took pictures of the place before you moved in and after, if you did then sue him.
If not then take an envolope of pictures and papers to him, and tell him that you fixed a bunch of stuff (waving the papers like you have something), and you have pictures of the place before and after you moved in (and out) of his rat infected building. Inform him that unless he drops the charges you are gonna sue the pants off him for the rat bite, and the rouches you had to endure while living there. Be angry and irrate, but do not touch him.
He might change his tone.
Then fill suit, ten thousand dollars or there abouts, have your friends show up (the ones that helped you move, and clean) then tell the judge the truth (don't lie in court), about how you cleaned the place and took great care of it. Have your friends testify and get some good testimonal going.
Dispite what I lot of people think land lords- a lot of them do not make a lot of money with their property. I know a couple that work full time jobs just to make it, the rentals do not even break even most of the time.
Good luck
2007-05-01 19:03:39 · answer #3 · answered by Harmon 4 · 1⤊ 0⤋
Check your original lease agreement. It should state what charges will be for specific repairs or cleaning items. Of course you have a right to argue any of the points...for instance if he says the carpet was destroyed, but you think there was no damage whatsoever. Items specifically stated in the original lease will be hard to fight. Your best chance is to fight the items that arent's specifically stated. For instance, if he says that the kitchen was very dirty, but the lease only mentions damage, not dirtiness, you may be able to fight this. His argument of couse will probably be that the lease states somthing like, "other damages or cleaning: price determined by severity" In other words he'll argue that the kitchen isn't specifically mentioned but that it is included in that generic "other charges" category. At that point you could argue that kitchen, carpet, etc cleaning would take place after every rentor and that the level of dirtiness was reasonable. The biggest problem you're gonna have is that you should have objected to their conclusions at the final walkthru. If there was none then you'll have trouble arguing against their conclusions.
2016-05-18 08:40:38 · answer #4 · answered by ? 3 · 0⤊ 0⤋
File a small claims action against the landlord - but be well-prepared to document your claim at trial. As plaintiff, it will be up to you to prove your case. In small claims, it is much easier to defend oneself with a pro se plaintiff than it is to prosecute your own case successfully.
2007-05-01 18:57:25 · answer #5 · answered by Anonymous · 2⤊ 0⤋
I hope you took Before & After photos. Always take photos and leave a copy with them and a copy with yourself. That way they will think twice about trying to screw you over.
If you have proof, you can take them to small claims court. If you don't have proof, you could still try, but it might be harder to win.
2007-05-01 18:58:48 · answer #6 · answered by Mrs. Mingus 2 · 2⤊ 0⤋
THIS IS A CLASSIC MISTAKE YOU NEED AT LEAST 3 WITNESSES AND A CLEAN PLACE TO PROVE. TO ALL BEFORE YOU MOVE IN A RENTAL OF THAT PRICE YOU NEED A CAMERA FOR A MOVE IN BECAUSE IT HELPS IN COURT TO PROTECT BOTH PARTIES. A CHEAP DISPOSABLE CAMERA AT WALMART IS A GREAT INVESTMENT WHEN YOU MOVE IN, IF YOU HAVE RECIEPTS AND SPENPT MORE YOU CAN PROTCT YOURSSELF
2007-05-01 19:12:03 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Call That Judge Judy lady
2007-05-01 19:03:36 · answer #8 · answered by Anonymous · 0⤊ 0⤋
To get your deposit back you could sue them. I doubt you'd get very far. as far as them wanting additional costs you can just not pay them. If they sue you, then countersue. But, it'll probably boil down to "it sucks to be you"
-Duo
2007-05-01 18:57:35 · answer #9 · answered by Duo 5 · 1⤊ 0⤋
take them to court
2007-05-01 18:56:11 · answer #10 · answered by d-money 1 · 0⤊ 0⤋