Landlord Refused to Pay Back Deposit Claiming I Stole Something
My question involves landlord-tenant law in the State of: California. I had agreed to a deposit of $600 and month to month payments of $600. Upon leaving, I asked him if I could have the deposit back and he said he didn't have it at the moment but that he could mail me a check. I never got the check and after texting him about it he said I had stole some things and that I should replace them in order to make it right. I know he has been having lots of problems with other things in court like owing money on other properties and not providing livable conditions for his tenants. I know this is a lie and it's obvious he didn't mistake me for these missing things that happened before I arrived. I am sending him a letter requesting I be paid back or else I'll take him to small claims court. What would you recommend be the optimal courses of action here?
Re: Landlord Refused to Pay Back Deposit Claiming I Stole Something
What things? Did you sign an inventory acknowledging responsibility for those items when you moved in? Have you read the lease plus any other documents you signed?
I am not a landlord but it is very common for them to take pictures just prior to you moving in, then taking the same pictures just after. If the two pictures do not match, that is what would support their claim in court, since it is a very common provision in all leases for the tenant to return things exactly the way they were to begin with.
Also, not my area of expertise, but web search "landlord tenant problems" and see if there is free legal help in your area.
Re: Landlord Refused to Pay Back Deposit Claiming I Stole Something
Is this for a residential or commercial lease? What is he saying you stole?
Re: Landlord Refused to Pay Back Deposit Claiming I Stole Something
Quote:
Quoting
Manannán
I had agreed to a deposit of $600 and month to month payments of $600. Upon leaving, I asked him if I could have the deposit back and he said he didn't have it at the moment but that he could mail me a check. I never got the check
I'm assuming this relates to residential property.
How long has it been since you moved out and gave the landlord the keys?
Section 1950.5(e) of the California Civil Code provides that "[t]he landlord may claim of the security [i.e., withhold from the security deposit] only those amounts as are reasonably necessary for the purposes specified in subdivision (b)." Section 1950.5(b) provides that the permissible purpose for withholding from the deposit are (1) unpaid rent, (2) repairs, exclusive of ordinary wear and tear, (3) cleaning, and (4) to remedy any future defaults under the rental agreement.
Section 1950.5(g)(1) provides as follows: "No later than 21 calendar days after the tenant has vacated the premises, . . . the landlord shall furnish the tenant, by personal delivery or by first-class mail, postage prepaid, a copy of an itemized statement indicating the basis for, and the amount of, any security received and the disposition of the security, and shall return any remaining portion of the security to the tenant."
Section 1950.5(l) provides that, in the event of bad faith retention by the landlord of any or all of the security deposit, the landlord could be liable for statutory damages of up to twice the amount of the security, in addition to the amount improperly withheld.
Re: Landlord Refused to Pay Back Deposit Claiming I Stole Something
It's residential and I have no idea what he says I stole. I'm assuming he's thinking I took things out of the food pantry that were mine and he had told me to put in there. I don't think he thinks I took any appliances but then again he is very shady and may just be trying to save $600. I left everything exactly as I they were when I first moved in. It was around april 2017, the court says I have 2 years to file a small claim so I'll be going to file next week.
Re: Landlord Refused to Pay Back Deposit Claiming I Stole Something
Personally I think if he didn't mention that on the spot the judgement would go to you. For example when you return your unit the landlord needs to inspect the unit that was rented out. If he notices things than that gets deducted by the deposit. Especially since the first time he said he would mail you the check and than comes with that you stoled something I don't think its a reason for him to keep the deposit.