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

I was a resident in an apartment for over 4 years. After the first 1.5 years the owner switched management companies. The new company never did a walkthrough checklist with me and at this point it seems they do not have the original walkthrough paperwork from the first company either. Because most of my money was from tipped service I was required to pay $1950 (1.5x rent) for deposit.

I requested a move out walkthrough and that was more or less ignored. Trying to play nice with the management I allowed them to show the apartment to a potential tenant a week before we moved out. At this time the management representative surveyed the house and told me I had nothing to worry about as the walls were "in much better shape then most long term tenants". I did all the patch work myself on the walls which consisted of one small indention and maybe 8 nail holes I filled in.

I moved out on October 17th. The refund of my security deposit was sent out on November 4th. Since they did not have the original contract of my rental they assumed my deposit was equal tothe original rent of $1300. Not only did they short me the additional $650 but they charged me $700 for Interior Cleaning/Patch and Paint/Replace Blinds (the blinds were working just fine when I left (other then some rust on a few slats from the rusty old hardware stained the blinds). They also charged me $95 to clean the stove burners.

I have called the landlord several times and no one picks up. I emailed the only contact I have at the management office 6 days ago and no response. I have called the repair company and asked for a more specific itemized list of deductions and they just brush me off with a we will call you back. I do not know what else to do at this point. I was under the impression that the blinds and paint were not my problem as they fall under "wear and tear".

Since I have not been able to contact the Landlord to discuss this matter I am left with no other choice but small claims court?! Should I be seeking legal council in this matter?


Your advice is appreciated!!