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  1. #1
    Join Date
    Apr 2009
    Posts
    7

    Default What Constitutes Bad Faith Retention of a Security Deposit

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

    I gave my ex landlord a 30 days notice and asked for a pre-moveout inspection. My request was ignored.
    I saw my him outside of the complex on the move out day and asked him to come in. He declined and left. Since it was a Saturday night, I didn't come up with any other idea, but to keep the apartment keys until he decides to contact me. He wrote me an e-mail on Monday morning asking for keys to enter the apartment. I tried to ask for the security deposit and move out inspection. He wrote to me that he is not obligated to conduct a pre-move out inspection and will be charging me for two days of rent if I don't return keys immediately. I left work immediately, and when I got to the apartment 20 minutes later, he was already gone. His painters were waiting outside and I surrendered my keys to them. When I came back to work, I wrote him an angry e-mail, where I told him that his behavior was very disrespectful.
    His response was that he was going to charge me for extra two days of stay and any damage to the apartment that he will find ( and that's without seeing the apartment).
    When I got a final letter from him, he withheld two days of rent plus $300 of cleaning expenses ( but with no receipts ). I am wondering if our correspondence will be enough to prove his bad faith ?

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: What Constitutes Bad Faith Retention of a Security Deposit

    Attached is good information on what the landlord must provide in your state with regards to your security deposit:

    http://www.dca.ca.gov/publications/l...-deposit.shtml

    His argument for charging you two days worth of rent is while you retained the keys you retained possession of the rental unit.

    Gail

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