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  1. #1
    Join Date
    Sep 2007
    Posts
    1

    Question California Security Deposit Issues

    I lived in a townhouse in Tarzana,CA for 4 years. I signed a lease for 1 year when I moved in, and then the tenancy became month to month after that. I gave my 30 day formal notice to move on
    July 20/2007, the notice was for 30 days from that date to August 19th/2007. I also informed my landlord that I would actually be moving in the first few days of August, as I was purchasing a home in Arizona and closing was to be completed as it turned out on August 2/2007.

    Here's what I paid at the beginning: Total paid at move in: $10,500

    1) Prepaid 6 month lease for: $8550
    2) Security Deposit: $1450
    3) Cleaning & Key Deposit: $500
    4) Monthly rent at the time of moving was $1495/month

    Just for a little background on me...I am a tenant that pre-paid 6 months rent in advance and paid every month's rent early...never late...no complaints no issues...he on the other hand was quite difficult...I had cockroach infestation,rat problems...he was generally just cheap with all repairs...and those issues were never resolved.

    I asked my landlord if it would be ok to deduct the remaining pro-rated rent for August from my security deposit, he said that would be fine.
    I asked him if I hired a cleaning service to clean the place would I still be charged for cleaning, he said oh "don't worry about that we do the cleaning last after the repairs etc". ..so i expected some charges for cleaning, a hole in the garage wall and a repair to the master bedroom door frame.

    So that It's clear, I gave notice on July 20/2007 with an understanding that I would owe rent for the 30 day period following that time which was August 19/2007, and that amount is $1495~31 days=$48.22 per day X 19 days=$916.29. However my actual move-out date was
    August 1/2007, and they began cleaning and preparing the unit for renting out the next day (August 2/2007). I don't know when the unit was rented out...if it happened before August 19th/2007 but it is possible.

    My landlord and I have communicated regularly via email during the course of my tenancy there...and so I sent him several emails upon moving out to get some verification on what was happening. As of September 17/2007 I had received nothing in the mail or email from him with an invoice and receipts along with the appropriate explanation on what he used the $1950 for and why I had not received the remaining balance on my deposit. I sent him an email asking what the delay was, I received 2 separate EMAIL responses from him stating the following:

    "1) Your security deposit was used for rent of August which you did not pay. There is a balance due of $50. for the rent. Also when you moved in you made a deposit of $8,550. for six month rent which should have been $8.700. (1.450 x 6). Your balance due is $200.

    2) Repair cost:

    Texture and paint red wall 175.
    Replace door frame in Master 185.
    Repair hole in Garage Wall 75.
    Repair holes in Living Room 75.
    Repair holes in Bed Rooms 95.
    Severe stains in carpet 165.
    Total clean up of unit 225.

    Cost 995.

    Your cleaning deposit 500.

    Due 495.

    Please send balance to: address left out for privacy."

    Now apparently he has noticed that he charged the incorrect amount when I moved in; I prepaid 6 months of rent in advance and he charged me $8550
    He is now trying to say I paid the incorrect amount and owe him an additional $150 also. In the lease I signed the last clause states: "Tenant has pre-paid lease for six months in the amount of $8550.00 and next lease payment is due on March 1, 2004. Landlord received a $500.00 cleaning and Key deposit".

    I paid $10,500 at move in, which is what I was asked to pay...why should I pay for his error when he has clearly accepted the $8550 as payment for 6 months of rent by way of his own contract?

    I see four major issues:

    1) He did not abide by the law in sending me a notice in the mail within 21 days with an explanation of charges and receipts for services.

    2) He is trying to charge me for an error on his own contract in the amount of $150

    3) He is attempting to charge rent for the entire month of August which would normally be $1495 but he has said that I owe him an additional $50 (so he just rounded it up to $1500) when my 30 days notice clearly shows that I only owe rent until August 19th/2007 or before if he rented it out before that date...as I said they had possession of the unit as of August 2/2007.

    4) His "damage" and cleaning charges are inflated and unreasonable...
    The "texture and paint red wall" It was one accent wall with plain not textured red paint. There were no "severe" carpet stains...I did live in the unit for 4 years...I'm sure the carpet could use a shampoo...and in my previous experience painting and carpet cleaning after the 2 year mark are the responsibility of the landlord.

    So this is not just a simple...withholding of the deposit situation...there are several things going on here, and I would appreciate any help on getting the proper legal standing on these 4 issues. As California laws seem to be fairly specific...I'm hoping someone with California law knowledge could be of help.

    Thanks so much,
    Jen

  2. #2

    Default Re: California Security Deposit Issues

    So what exactly is your question? LOL.

    The original written agreement also likely states the monthly rental amount so if I were you I would NOT fight the fact he is charging that back rent "error". Accept it that you got to use the money for 4 years and now you need to pay up what is legally due.

    Next...in CA if you gave proper written notice (not email but in writing) and have a copy and proof you sent it, etc. then yes, CA is one of the FEW states that as long as you give proper written notice you only owe rent for the 30 days from the date the notice is GIVEN TO (not just dated) the owner. That being said you do not say what date you actually gave back the keys, etc. And whether or not you requested a premoveout inspection to note items that you might be charged for which you SHOULD have done so you could have fixed some of this stuff yourself.

    NEXT in CA there is NO SUCH THING as key/cleaning deposit. ALL money paid up front as deposits are to be fully accounted for a SECURITY DEPOSIT period. No difference at all. All of the SD law in CA is govered by CA Civil Code 1950.5 which if you wish to pursue this I suggest you study closely.

    If you painted a wall RED while you were there you are getting off CHEAP for the repainting/texturing of the wall to get it back to "normal". You don't explain this really.

    Doesn't matter that you CHOSE to move out early and/or give your keys back early...as long as the unit was not re-rented but then again you did not pay ANY August rent which only further clouds the issue. Security deposit in the state of CA is NOT to be used for ANY rent DURING the tenancy only AFTER move out. You owed the pro-rated amount on August 1st and should have paid it then. He could technically charge you any applicable late fees, etc. because you did NOT pay it on time. In the future do NOT try and use SD to pay your last month's rent whatever the amount is. IF YOU HAD done as you were supposed to, you would have a lot more documentation to back up everything AND look better in the eyes of the court should it go that far.

    FYI also in the state of CA ALL pro-rations are done based on daily rental rates derived by dividing by THIRTY days regardless of month so your calculation is wrong. You need to take your ACTUAL monthly rent divided by THIRTY to get a daily rental rate rounded to TWO places. Then multiply that daily rate x 19 days. This is provided that the LL RECEIVED the notice on the 20th of July not that you just dated it such or verbally gave it then.

    Next I know not what "experience" you have but there is NO LAW that states a LL MUST paint or do anything to carpet after a certain time frame. There is however normal wear and tear vs damage and dirt/filth. If you did not even have the carpet cleaned in FOUR years I am quite sure this is a reasonable charge for cleaning it througout.

    So now based on the info I gave you what exactly is your question again LOL?

    You should make a written objection to the deductions (please use the info I gave you above NOT your "ideas") by sending it either regular mail with proof of mailing AND certified mail and possible return receipt requested. Feel free to email that such document was sent but the "proper" objection should be via USPS. In that you should also request the receipts and quote applicable portions of 1950.5 where they apply.

    Next if the LL does not contact you to negotiate items per your letter, file a case in small claims court.

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