security deposit. He did the walk-through and said he was happy the way we left everything and that he would pay us when he could. We were understanding. It was $750. The only thing we had to finish was the stove inside and frig cleaning. He said it was ok to come back to do this' so my husband came the next day and started to clean, spraying the inside of the stove with oven cleaner and moved the frig out and cleaned the frig inside and left the drawers to dry on the counter. The third day after moving my husband was going back to finish and the landlord came to out new apartment and asked for the keys back before we finished. He said his wife did not want us to finish. I wrote to him a month later about our security and he responded and said he still doesn't have it. Then a month later he writes and said we left the place a mess and is not returning the money, with pictures of the oven with oven cleaner in it. Also estimates of a spot on his wooden floor for $750 .
2007-07-30 04:30:54 · 5 answers · asked by geraldine c 1 in Business & Finance ➔ Renting & Real Estate
I hope you took pictures of everything (preferably before and after). You definitely should take him to small claims court. Bring in the letter(s) that he wrote to you and write down all of the contact times and everything else. You definitely have a case and should be able to win at least part of your security deposit back from the landlord, if not all of it.
2007-07-30 04:38:31 · answer #1 · answered by dzwreck 4 · 0⤊ 0⤋
Two things are important to note here. The first is that the landlord is not allowed to use your deposit for anything whatsoever until you move out. By law, the deposit is to stay in an account and interest must be applied to it.
Second, when moving out it is always a good idea to take pictures and have the landlord sign off on the condition. It is protection for you in the process in the event that the landlord tries to pull a fast one.
Despite this, you do have a case here. Did you and your husband both here him say that he did not have the deposit? If so, you may have a case in small claims court. I would file the motion and see if he comes to his senses.
2007-07-30 12:32:11 · answer #2 · answered by Jay P 7 · 0⤊ 0⤋
you could attempt to take him to small claims court but without pictures or documentation...it now becomes a "he-said / she-said" battle.
you know the reason they took the keys back and told you not to come back---you know they were gonna stiff you on the money...he told you that right up front (he didn't have the money)...that should have been your clue to get a promisary note from him in writing right then and to take pics of the apartment.
As they say "Live and Learn"....
in California, it is against the law for a landlord to use your deposit --it must sit in an 'escrow account' until you leave...just for this very reason (so he does not spend it on himself).
as i stated at the top---you can attempt small claims...but i think you really don't have a chance....and he would charge yu for additional damages anyway..
chalk it up to a learning experience and walk away.
he is a jerk ...and i believe in Karma...so he will get his.
good luck :)
2007-07-30 12:11:11 · answer #3 · answered by Blue October 6 · 0⤊ 0⤋
In order to sue him you must first send a demand letter for the security deposit. Even though you already sent one do it again in the form of a CERTIFIED LETTER with a RETURN
RECIPT . This is essential!!!!! do it a t the post office for $4.00. Include your current mailing address in the letter,
Tell him you want the money within 30 days. Be polite! a judge might read it in the future if you go to court. The demand letter initself may very well get you your money back.
2007-07-30 11:46:17 · answer #4 · answered by charlotte q 2 · 0⤊ 0⤋
Does where you live have a landlord-tenant law? Do you have your rental agreement?
Take them to small claims court!
2007-07-30 11:39:08 · answer #5 · answered by rjrmpk 6 · 0⤊ 0⤋