No Move-Out Inspection - Can Landlord Keep Deposit and Request $2000 More?

[eyesunderground]

My question involves landlord-tenant law in the State of: California

Here's the situation:

My wife and I moved out of our 1-bedroom apartment last month. With notice of intent to vacate we included a request to have a move-out inspection conducted without our presence (I was relocating to a new city and couldn't make it to an inspection), but requested a list of the repairs that needed to be fixed so that we could hire someone to fix anything that needed it.

My landlord never responded to our request, nor did she provide an itemized move-out inspection. This month, prior to the 21 days required to return the deposit, she sent a certified letter stating that she was keeping our entire deposit and charging us more than $2,000 in additional repairs. We left the apartment with very little damage, if any that could be considered beyond reasonable wear and tear. She is charging us for painting the entire apartment, despite no major damage, but at the ridiculous cost of more than $2,000, excluding supplies.

The "invoice" she submitted to us was labeled "Invoice #1" and has no contact information for the individual responsible for the estimate, and includes 6 men working a total of 108 man-hours to paint a 1 bedroom, apartment. We believe that she is taking advantage of us so that she can remodel her condo (she moved out when we moved in and was not planning on moving back, now she lives there again) and there were the original cans of paint left at the apartment for any areas that did need to be touched up.

Ordinarily, I would have no problem forfeiting some of our deposit for repairs or cleaning that needed to be done, but I believe that in this case her charges are extremely excessive and believe that she has acted in bad faith.

As a landlord, she was almost completely inaccessible. Our kitchen light was broken for three months, as well as our garbage disposal, and it was only fixed after we took it upon ourselves to do so. She had a realtor acting on her behalf (she moved to another state), but that realtor returned less than 10% of our calls. Additionally, we were supposed to have off-street parking with our condo and she would not renew the parking permit and had we not been home one night my wife's car would have been towed as a result.

I've reviewed this site and California tenant law for precedent, and believe that in violating CA tenant law that she may not have the right to keep any of our deposit. Is this correct?

I'm sure that it seems like if she's asking for more than $4,000 that we must have left that place in complete shambles, but that is honestly not the case. Like I said, there were a few nail holes in the wall, there was a minor hole in the bathroom wall where the towel rack came out of the wall, however you can easily see that it happened at least 2 times before we moved in as the wall was obviously patched (someone didn't use anchors to hang it) and there were a few stains on the bedroom carpet, but the carpet was 5+ years old when we moved in and was poor quality, the room was 10x10. Other than that, the place was perfect.

Do we have to forfeit our deposit? What about the cost to clean? She had stainmaster come in and clean the apartment for roughly $300 and had the carpet cleaned for another $100, but she is also charging to have the carpet replaced for roughly $500. The apartment was merely broom swept when we moved in and in relatively the same condition when we moved out. No garbage left inside, no mold or mildew, no grease. We only lived in the apartment for a year and left it in great shape, so it was a huge surprise that she was asking for nearly $4,000 to fix it up.

What are our options? Does anyone have any guidance on how we should proceed? Any and all help is appreciated.

Also, and this is almost a moot point, but I read that if small claims finds that she has used our deposit in bad faith that we could be awarded 2x the deposit in damages. Is this true? Is this likely? Honestly, I could care less as long as we don't have to forfeit our deposit or pay extra out of pocket. Her charges seem quite excessive, and could be borderline fraudulent, I mean what legitimate company would submit an invoice with no contact information, just a list of guys names, hours worked, and amount paid, especially when that invoice was invoice #1. I only want to be treated fairly, and if it cost $X to clean or fix, fine, I'm willing to pay that, but not $4,000.

Thanks in advance for any insight. I'm more than happy to provide further details if need be.

[aaron]

Go here and scroll down to the blue box, "Initial Inspection Before Tenant Moves Out". See also Section 1950.5 of the California Civil Code.

(f) (1) Within a reasonable time after notification of either party's intention to terminate the tenancy, or before the end of the lease term, the landlord shall notify the tenant in writing of his or her option to request an initial inspection and of his or her right to be present at the inspection. The requirements of this subdivision do not apply when the tenancy is terminated pursuant to subdivision (2), (3), or (4) of Section 1161 of the Code of Civil Procedure. At a reasonable time, but no earlier than two weeks before the termination or the end of lease date, the landlord, or an agent of the landlord, shall, upon the request of the tenant, make an initial inspection of the premises prior to any final inspection the landlord makes after the tenant has vacated the premises. The purpose of the initial inspection shall be to allow the tenant an opportunity to remedy identified deficiencies, in a manner consistent with the rights and obligations of the parties under the rental agreement, in order to avoid deductions from the security. If a tenant chooses not to request an initial inspection, the duties of the landlord under this subdivision are discharged. If an inspection is requested, the parties shall attempt to schedule the inspection at a mutually acceptable date and time. The landlord shall give at least 48 hours' prior written notice of the date and time of the inspection if either a mutual time is agreed upon, or if a mutually agreed time cannot be scheduled but the tenant still wishes an inspection. The tenant and landlord may agree to forgo the 48-hour prior written notice by both signing a written waiver. The landlord shall proceed with the inspection whether the tenant is present or not, unless the tenant previously withdrew his or her request for the inspection.

(2) Based on the inspection, the landlord shall give the tenant an itemized statement specifying repairs or cleaning that are proposed to be the basis of any deductions from the security the landlord intends to make pursuant to paragraphs (1) to (4), inclusive of subdivision (b). This statement shall also include the texts of paragraphs (1) to (4), inclusive, of subdivision (b). The statement shall be given to the tenant, if the tenant is present for the inspection, or shall be left inside the premises.

(3) The tenant shall have the opportunity during the period following the initial inspection until termination of the tenancy to remedy identified deficiencies, in a manner consistent with the rights and obligations of the parties under the rental agreement, in order to avoid deductions from the security.

(4) Nothing in this subdivision shall prevent a landlord from using the security for deductions itemized in the statement provided for in paragraph (2) that were not cured by the tenant so long as the deductions are for damages authorized by this section.

(5) Nothing in this subdivision shall prevent a landlord from using the security for any purpose specified in paragraphs (1) to (4), inclusive, of subdivision (b) that occurs between completion of the initial inspection and termination of the tenancy or was not identified during the initial inspection due to the presence of a tenant's possessions.

The remedy is not specifically outlined in the statute, but the language implies that if the landlord could have identified the problem at the requested initial inspection and did not do so, the landlord cannot charge for the alleged damage.

[525601minutes]

"6 men working a total of 108 man-hours to paint a 1 bedroom, apartment"

I did not see how many square feet this apartment is - but unless it is over 3000 square feet, I'd say this estimate is complete bologna.

I live in a tiny 700 square foot that has two bedrooms and two bathrooms. I painted the whole place myself and it took less than 16 hours - and this was with three different custom colors to do accent walls and even some stenciling.

I would certainly challenge her on that invoice!