I'm about to move out of a house and really want my deposit back!?

Question

But I have this feeling that my landlord is the type to try and keep as much as possible... what can i do to keep this from happening?

When we moved in we took a lot of pics to show that the house wasn't really up to par and not even cleaned well.

I live in CA

I've also heard that I have to pay to have the carpets cleaned is that true?

ps i've only lived in this house for about 5 months

thank you so much ebosgramma you covered just about everything i think. I WILL write that letter, that is very smart thinking!! Thank you and I am sorry that you had to go through a bunch of crap yourself.

Answer 1

A lot depends on what you signed when you moved in. If you signed a one year lease some things that might be considered normal wear and tear won't be after only five months. A good example would be the carpet. Would you want to move into a place with dirty carpets, or carpets that you didn't know were clean. The same goes for the rest of the house. Look at your lease and see what that says. Start there.pp

Answer 2

You need to clean the house and the carpets. You are already ahead of the game if you have move-in pictures. Just make sure that your move-out pictures show the place in the same or better condition. Unless the landlord can prove that he made improvements while you lived there you will be fine. I always ask every landlord to do a walk through when I am ready to return the keys and ask them to sign off saying that they have received the keys and ask them to list any reason they can see that would keep them from returning my deposit. Take photos of whatever they say will be a problem. Give them 60 days after you move out then send a registered letter asking for the return of your deposit. Five days later file a small claims case against them. It should not have to be that much work but it is. I recently moved out of an apartment where the landlord NEVER returns deposits so I did not pay my final month's rent and told him to use my deposit. Gave him writen 30 day notice, did everything else right. He filed an eviction on the 5th day that my rent was not paid. I moved out as planned and still showed up for the eviction hearing even though I had already moved out and the manager had signed off saying there were no problems. The landlord never even showed up for court, just wasted his $60 filing fee and the courts and my time. I think there should be a way to make landlords pay double the amount of the deposit if tenants can prove they withheld your deposit unfairly. More landlords would return them then.

Answer 3

Some of the previous responders were right, but a few notes:
In CA the LL now has to do a walk-thru with you 2 weeks before you move out to assess the condition of the unit and give you the opportunity to remedy them BEFORE the date you vacate. If he doesn't do that he is in breach of the law.

Also the deposit is required to be returned within 21 days of vacating or you can sue for 2-3x the amount.

Most LL's will require that the carpets be cleaned by a professional (not the tenant), so if you can show receipt from a cpt cleaning company they may not be able to withhold your deposit.

Good luck!

Answer 4

Best thing to do is clean very well. Yes, you will lose some money for carpet cleaning but try to clean some spots if you have them. when you first did your walk through. Go back and make sure that you have clean all that you can check the list from your walkthrough. Clean clean clean.........

Answer 5

Be sure to clean and take pictures. You don't want the landlord trying some kind of game to keep your money. Next time take pictures before you move, in that way you have proof. God Bless!

Answer 6

It depend what you had signed, I had lived in an apt for 6 months(in CA) and I had to have the carpet cleaned professionally. If you do not do that- he/she can keep your security deposit.