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  1. #1
    Join Date
    Oct 2018
    Posts
    1

    Cool Can a Landlord Charge for Damages in Excess of the Security Deposit

    My question involves landlord-tenant law in the State of: CALIFORNIA, USA. I recently decided to move after rent was raised the 1st month after the lease/rental agreement of 1 year. Couldn't keep up with the new amount. This was my very first rental agreement in a Duplex residency, a lot like a single family home. Upon leaving the rental property, I did not have a walk through with the management company I rented from. It took a very long time after leaving to get a response regarding my deposit. Once I reached the Rental Supervisor, after leaving several messages, She had a horrible attitude and told me over the phone she couldn't rent the place right away due to the way I left it. On September 28 almost an entire month after I left, I received a LETTER. This letter almost had me in tears, considering I was waiting to receive some sort of deposit for my next rental agreement. The letter stated that in ADDITION to the $1250 deposit, I owed the rental management company $1400 for damages and repairs.

    Is this Legal?

    Since then I have left messages again and received a callback message from another representative who stated I need to have my dispute in writing. Before I write my dispute I just want to know my rights and responsibilities. Like always in my life I am looking for justice and fairness.

    Truly Upset but Hopeful,

    ToshCALIUSA

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Is It Legal to Be Charged $1400 in Addition to My Deposit of $1250

    Quote Quoting ToshCaliUSA
    View Post

    Is this Legal?
    Of course, it's legal, if you left damage behind that costs more to fix than your deposit.

    Quote Quoting ToshCaliUSA
    View Post

    Since then I have left messages again and received a callback message from another representative who stated I need to have my dispute in writing. Before I write my dispute I just want to know my rights and responsibilities.
    Read the CA security deposit statute. That's where your rights will be addressed:

    http://leginfo.legislature.ca.gov/fa...tionNum=1950.5.

  3. #3
    Join Date
    Nov 2013
    Posts
    672

    Default Re: Is It Legal to Be Charged $1400 in Addition to My Deposit of $1250

    You can use your "move out" pictures to document that the damages they claim were not present, and contest this in small claims court.

  4. #4
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Is It Legal to Be Charged $1400 in Addition to My Deposit of $1250

    Quote Quoting ToshCaliUSA
    View Post
    It took a very long time after leaving to get a response regarding my deposit.
    How long is "a very long time." Be specific: on what date did you surrender possession of the premises, and on what date did you receive an itemized list of deductions from your deposit and additional charges?

    Quote Quoting ToshCaliUSA
    View Post
    The letter stated that in ADDITION to the $1250 deposit, I owed the rental management company $1400 for damages and repairs.

    Is this Legal?
    What would make you think it might not be legal? Are you suggesting that you thought your liability for damages was capped by the amount of your deposit?

    P.S. When you click the link to the landlord tenant laws that "adjusterjack" provided, pay particular attention to Civil Code section 1950.5(g)(1).

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