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  1. #1

    Default Security Deposit Refund in California

    I've got a couple of issues in the way my former landlord has handled my security deposit. I know the law says the landlord had 21 days to deliver the money, which I assumed means either deliver it in person or put it in the mail.
    Because of the Thanksgiving holiday, I gave it an extra week or so before I contacted him by telephone. I left two voice mail messages before he finally responded and said that he had mailed it once and it had been returned by the post office.
    When it hadn't arrived after 21 days, I left two telephone messages for my landlord. I gave it an extra week to allow for mail delays and the Thanksgiving holiday. He left a phone message for me saying that he'd mailed the refund once, but it had been returned by the Post Office. An envelope finally arrived. The postmark was the 39th day after I'd moved out. The contents were a money order for part of the deposit (dated the same day as the post mark) and a one-page listing of withholdings, dated about three weeks earlier, totalling more than $600. California law requires that when a landlord deducts more than $125, he/she must also provide copies any bills for materials, supplies and labor supporting the deductions.
    I"m wondering how likely it is that I have a bad faith claim against the landlord in this case.
    GIven his statement that he'd tried once to send it to me and the mail was returned, that would have given him two chances to make sure his documentation complied with state law. Further, if he'd sent the paperwork out once, why would he have asked the bank to cut a new money order.
    That's one question.
    Here's a second, in the same vein.
    The landlord mails the check, and it comes back. Does the refund belong to the landlord, or is there some law in California that requires the landlord to contact the state controller about putting the money in the care of the state's unclaimed property fund?

  2. #2
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    Default Re: Security deposit refund in California

    Do you think the deductions and amounts are valid?

  3. #3

    Default Re: Security deposit refund in California

    Quote Quoting Mr. Knowitall
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    Do you think the deductions and amounts are valid?
    A couple of deductions are valid, at least in terms of the work listed. But since the landlord didn't provide me with any of the required receipts or invoices, I have no way of knowing if the charges are fair. (All of the charges end in "5", which is a little fishy.
    Some of the deductions are worded vaguely, such as "washing the exterior of the dwelling" and "trim dead vegetation."
    For example, I believe that the landlord should pay for washing the outside of the windows. The window screens are mounted on the outside of the house and anchored with screws sunk into the window sill (it's a 1934 bungalow, so we're talking about sash windows).

  4. #4
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    Default Re: Security deposit refund in California

    If you want more details, you can try asking; you may have to take him to court. Realistically, I can't judge the charges and you don't seem to be able to speak to their validity, so that's probably where you'll end up if you wish to pursue this further.

  5. #5

    Default Re: Security deposit refund in California

    Thanks. I sent him a demand letter (certified, return receipt) last week for the full $655 he deducted because he didn't include any copies of invoices and bills to show that he'd actually done any of the things he's claiming deductions on. (I've also asked him to refund $100 in late charges on rent while I was a tenant. That appears to be some illegal boilerplate in his lease.)
    There are specific items that look valid -- $50 for a new miniblind set in one window (my ex-wife's cat bent some of the blinds), $20 to replace a towel rack in the bathroom (the bar was missing when I moved in, but I missed it on the move-in inspection), $15 to repair a dead phone jack (again, broken when I moved in, but missed on the move-in inspection). That said, he didn't provide copies of receipts for parts and labor.
    There's a $155 charge to repair damage to the hallway floor. I don't recall any damage, but I'm willing to talk about it.
    He has a $265 exterior charge ("trim vegetation, remove dead vegetation, clean garage, remove items left, wash exterior of dwelling"), and a $145 fee to "clean interior, remove and dispose of items left."
    I also feel that he had an obligation to do more than what he says he did to get the refund to me in a timely fashion.
    So we'll probably wind up in small claims court, hopefully in a more decorous forum than Judge Judy.

  6. #6

    Default Re: Security deposit refund in California

    Update: I got an e-mail notice today from the Post Office that the certified letter I sent asking for the money was being returned unclaimed.
    IS that enough of an effort to ask for the money back before I file suit in small claims court?

  7. #7
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    Default Re: Security deposit refund in California

    If you think he might respond to a letter such that you can avoid going to court, send it First Class and keep the returned letter for your records.

  8. #8

    Default Re: Security deposit refund in California

    Thanks. I'm kinda lucky he didn't accept the first letter. Turns out I'd shorted myself $100. I'd paid a separate pet deposit the landlord hadn't accounted for in the refund. So I sent a fresh letter. This time I sent it first class, and paid 95 cents for a certificate of mailing. We'll see if that makes a difference.

  9. #9

    Default Re: Security deposit refund in California

    Final update. The landlord paid in full.

  10. #10

    Default Re: Security Deposit Refund in California

    Nice work - if this had been a Chicago security deposit you'd have been able to recover more than just the deposit back.

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