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

