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  1. #1
    Join Date
    Oct 2013
    Posts
    8

    Default Bad Faith Retention of a Security Deposit

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

    I have a situation that I need some help with. I gave my landlord a 30 day handwritten notice on August 1, 2013 stating that I would be moving as of Sept. 1,2013. I was out as of the 1st and by the 26th of the month had yet to hear anything from my landlord in regards to my deposit. So I decided to give them a call and see what was going on. I spoke briefly with the landlord and she said that she would look into it and get back to me by the next day. I didn't hear anything and then on Monday the 30th I received a estimate in the mail, the estimate was taking my entire deposit and charging me another$200 on top of it. I left a message with the landlord the same day I received the letter, and then called again the next day. I spoke with her and mentioned that on the estimate they were charging me for things that weren't my fault, ie. redoing the cabinets and under the sink because of rats that were in the whole complex. After speaking with her and mentioning the rodent problem, she all of a sudden remember the on-site managers report the issue and said that it was just an estimate and not to worry that she would look into it and get back to me by that Thursday. I didn't hear from them on Thursday so I gave them a call the next day, left a message. I tried calling again the next week two more times and still didn't hear anything. Over a 2 week period I called at lest 4 times and left 3 messages with no response back. On the 16th of October I ended up calling the owner of the management company and leaving a message stating that I need a call from them within 24 hours, in regards to our deposit, or I would take the proper steps and take them to small claims court. The next evening I received a call from the on-site property manager telling me that everything was taken care of and she would be sending out the final paper work with my money. I received the final paper work on October 19, 2013, the final paperwork was completely different then the estimate. Instead of charging me for the cabinets it changed on the paperwork to reflex the LVT(Luxury Vinyl Tiling or Faux hardwood flooring) that they ended up putting in to the unit (there was carpeting when we moved in). There final paperwork stated that they were doing the whole lower floor, including the kitchen. On the final paperwork it says that there were urine stains and smell and that it went threw the carpet and padding into the concrete but rather then just putting in new carpeting They installed the LVT hardwood flooring and replaced the base broad costing a grand total of $1,870.93 for the entire downstairs which is only 400 sq. ft. but only 300 of that was carpeting and the rest was perfectly good faux tiles in the kitchen.

    I would like to sue them under California civil code 1950.5 and for the bad faith retention of the deposit and upgrading the unit. I have pic of the place when they sent out the first estimate and they already had the downstairs kitchen and living room gutted. But was not refereed to in the estimate and then acknowledged in the Final. By taking it to court how much can I ask for? is it 2 times the amount?

    Thanks for the help.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Land Lord Holding My Deposit with Bad Faith Rentention

    It is treble damages or three times the amount.

    any idea how the carpet was? They can only charge the depreciated value of the carpet. If it was not required to replace the carpet, they don't get to charge you and especially they do not get to charge you for an upgrade material.

  3. #3
    Join Date
    Oct 2013
    Posts
    8

    Default Re: Land Lord Holding My Deposit with Bad Faith Rentention

    The Carpet was predominantly pretty good, the only area that that are having a complaint about was in front of the bathroom where the toilet had overflowed due to sewer backing up and overflowing from the toilet. We were at work the day that it happened and didn't get home till later in the evening, to find that the house reeked of sewage and ammonia. We contacted the on site manager he told us that he was out if town and the plumbing wasn't his issue and to find a way to deal with it myself. So I ended up hiring a fried that is a plummer to find the issues and fix the toilet as well as help replace the padding under the carpet and deep clean that area of the carpet. Our friend acknowledged that there was nothing wrong with the toilet it was the fact there there was something wrong in the main sewer line and that is what caused the back up. The issue was noted with the onsite manager, as well as the one that preceded him and the main office noted it in there paper work.....but they are trying to say that it was our dogs, who are kenneled while we are at work and taken for walks daily.

  4. #4
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: Land Lord Holding My Deposit with Bad Faith Rentention

    Carpeting depreciates over 5 years. You would find out through pretrial discovery how old the carpet was when you moved in. If its total age on moveout is five years or more, they can charge you nothing, and you would receive treble damages for their bad faith retention. None of the rest of it matters. And the landlord cannot retain your deposit to upgrade the flooring. Once you point these things out you will likely receive your deposit, but if you don't then simply sue them in small claims. Or, if it is worth it to you (given the treble damages) you might pay a lawyer to write the letter to the landlord and perhaps assist you with your small claim. Three or four hours of consultative work might be welcomed by a newly minted lawyer at a reasonable fee.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Land Lord Holding My Deposit with Bad Faith Rentention

    any idea how the carpet was? T
    I have to quit doing this from my phone.

    What was meant to be asked was: any idea how OLD the carpet is?


    also, replacing one room does not mean they get to replace all the carpet in the place. Even if the bathroom carpet needed to be replaced, that would not mean all the carpet in the place gets replaced on your dime.


    received the final paper work on October 19, 2013, the final paperwork was completely different then the estimate. Instead of charging me for the cabinets it changed on the paperwork to reflex the LVT(Luxury Vinyl Tiling or Faux hardwood flooring) that they ended up putting in to the unit (there was carpeting when we moved in).
    what they put in is irrelevant to what you might be able to be charged. You are not responsible for the new flooring. You are, at most, responsible for the depreciated value of the existing carpeting and that is only if it actually needed to be replaced. If they arbitrarily decided to change the carpet to LVT or faux hardwood flooring and the carpet did not need to be replaced, then you owe nothing for the cost of the flooring.


    So, since it has gone beyond the 21 day period, the LL cannot retain anything. They MUST refund the entire amount and if they believe they are due anything, they must make a separate demand and if you refuse to pay, they must sue you. If you sue for the deposit, they can file a counterclaim for anything they wish to claim.

  6. #6
    Join Date
    Oct 2013
    Posts
    8

    Default Re: Land Lord Holding My Deposit with Bad Faith Rentention

    Perfect thanks everyone. I went ahead and sent them letter of demand and gave them till the 5th to get back to me with my money. At this point we are way over the 21 day period i will be filling in small court as of the 6th and i believe i can ask for 2x the deposit amount ? I will keep you guys updated on what happens

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Land Lord Holding My Deposit with Bad Faith Rentention

    3 times (that equates to the deposit itself plus 2X the deposit as punitive compensation)

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