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  1. #1

    Default Landlord Charging Beyond Security Deposit in California

    Hi,

    Our family lives in the California Bay area and recently moved out of an apartment complex where we lived for over five years. Our security deposit when we signed the lease was fairly small (shortly after the burst of the dot com bubble).

    Given that the security deposit was small, and figuring that there would be some charges for cleaning the apartment and also some minor work (e.g., we had up pictures on the walls), we didn't figure to see much of our security deposit back.

    However, a few weeks after moving out, we received an itemized invoice from the apartment management company for some significant other charges -- almost a month's rent -- claiming some additional damages. These charges well exceed our security deposit, and we are being asked to pay the charges right away. Naturally, we are very concerned as we didn't feel that there had been damage beyond reasonable wear and tear (especially considering that we lived in the apartment for quite a while). We were respectable tenants the whole time.

    For better or for worse, we didn't do a proper move-out inspection with the apartment management. In hindsight, I suppose this would have been helpful -- but at the time we were pre-occupied with our move.

    So, I have a bunch of questions (while I would appreciate answers to as many as possible, I know people are busy, so even if you can answer just a few, that would be helpful):

    1. First, what can we do in general?

    2. From what I've read, many times damage costs are supposed to be pro-rated. However, we seem to be getting charged the same price that's listed in the vendor quotes that accompanied the itemized invoice. Can they do that? How does pro-rating work? For example, if a carpet is one year old when we move in, and we live in the apartment for five years, and they wish to replace the carpet, should we be paying as if the carpet is one year old (i.e., the age of the carpet when we moved-in) or should we be charged as if the carpet is six-years old (i.e., the age of the carpet upon move-out)?

    3. Can we request evidence (e.g., pictures, etc.) that the damage exceeds reasonable wear and tear?

    4. The management company did not apply any interest on our security deposit. From what I've read online, it doesn't look like they are required to do this, even though many do as a good faith gesture. Am I correct that getting interest on a security deposit is more of a benefit than a right?

    5. We didn't receive the invoice from management company until after 21 days from the time we vacated the premises (though the invoice was postmarked just before the 21st day). I know this is a minor quibble, but I thought it was worth mentioning in case it helps our negotiating position.

    6. I know that one recourse for security deposit disputes is to go to small claims court. In this case, though, since the security deposit itself was so small, there isn't much I'm personally demanding in terms of payment -- instead, I'm just trying to figure out how to get the extra charges waived (or at least reduced considerably). Can I still threaten to take them to small claims court?

    7. What recourse do they have if I put up an argument about paying the entire amount? For example, can they sue me? And if so, given that the matter is not over too much money, does the matter automatically fall under the small claims court jurisdiction? (Basically, the amount of money in question, while not trivial, is still not enough to justify the expense of getting a lawyer involved).

    8. I've got to imagine that the apartment complex is at least somewhat concerned about their reputation. Given that this is the Bay Area, many people research potential apartments online. Would I be well within my limits to post a complaint online about the apartment complex? If so, is there any way to communicate to the apartment complex that they should be worried about me doing this without it coming off as a threat?

    Finally, what should our next step be? I'd personally rather this be resolved outside of the courts, but I'd be willing to take this to court if necessary.

    Thanks!

  2. #2
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    Default Re: Landlord Charging Beyond Security Deposit in California

    I suggest reading the materials available from the California Courts and Department of Consumer Affairs. If you still have questions after reading those materials, please feel free to follow up.

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