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Would Judge Do a Rough Estimate of Charges

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  • 03-11-2011, 11:54 PM
    mike1127
    Would Judge Do a Rough Estimate of Charges
    My question involves a security deposit in the State of: California

    I moved out of an apartment last June. The landlord did not send either a refund of the sec deposit or an itemized list of charges within 21 days. (***) He later sent a partial refund with no itemized list. I disputed some of the charges (for example, he charged for painting and replacing the carpet, although I had lived in the place for 8 years which is well beyond their normal lifetime) and asked him to itemize the charges. He refused and said that he didn't have an itemized list anyway---he got a friend to do the work, and he was presented with only one bill.

    I want to sue to recover the entire security deposit. However, I understand that he can file a counterclaim for damages and attempt to prove them. There is only one damage that I don't dispute.. I cracked a window. Apparently he can't itemize the cost of replacing that window, but what I wonder is---would the judge attempt to do a rough estimate of that in lieu of receipts and hourly charges, for example calculate a customary rate for replacing a window? Or would he dismiss the landlord's counterclaim entirely because the landlord doesn't have evidence of the amount spent?

    The amount he withheld was $500. I would like to get the entire $500 back, but if the judge decides that replacing the window should cost, say, $400, then I only get $100 back which isn't worth the trouble.

    (***) Oh I should add a note for those not familiar with CA law. The CA supreme court ruled that if a LL does not return the unused portion of the sec dep and itemize a list of charges within 21 days, the tenant is allowed to sue and recover the entire security deposit; BUT, the LL can then counter-sue and attempt to prove damages.

    -Mike
  • 03-13-2011, 12:58 PM
    Mr. Knowitall
    Re: Would Judge Do a Rough Estimate of Charges
    It will be up to the judge, and will depend in no small part upon the testimony and evidence, as to what the judge might award. For example, the judge might ask you what amount you think is reasonable for repair of the window, then award that amount to the defendant on the basis that you deemed it to be reasonable compensation for damage you admit that you caused. You may want to get an estimate, if possible.
  • 03-13-2011, 05:40 PM
    mike1127
    Re: Would Judge Do a Rough Estimate of Charges
    Regarding the window, I called the hardware store and found out that a window pane (even larger than the one I broke) would cost $36 to $41 depending on the quality. I figure his friend doing the work didn't charge him more than $25/hour, and that it is pretty generous to say replacing a window frame is two hours. Therefore a generous estimate is $91. I will offer this amount. Everything else is normal wear and tear. I lived in the place for 8 years. That's a lot of wear on the carpet, the walls, permanent hard water stains accumulating in the tub fixture, etc.
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