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  1. #1
    Join Date
    Sep 2009
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    2

    Default Landlord Wants Part of Deposit Refund Back

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

    I moved out of my apartment just over a month ago. The landlord was very quick to send me my deposit minus $280 for estimated repair charges for the hardwood floor. I am fine with this as there was legitimate damage. Today I got an actual receipt for the repair from here, which came to $650, and a letter asking for $370 back.

    I've looked through all the information I can find online about security deposits, but I can't find anything about this specific situation.

    Do I, legally, have to return this money? Could she refer this to a collections agency?

    Thanks.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Landlord Wants Part of Deposit Refund Back

    Why was the cost of repair so much higher than the estimate?

    California security deposit law is outlined here.

  3. #3
    Join Date
    Sep 2009
    Posts
    2

    Default Re: Landlord Wants Part of Deposit Refund Back

    I'm not sure why it cost so much more than she estimated. The repair was done by a contractor, not the building maintenance crew. If the contractor went so much over estimate, I feel like that should be a matter between the landlord and contractor.

    It doesn't look like the security deposit law addresses this situation.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Landlord Wants Part of Deposit Refund Back

    If the contractor went so much over estimate, I feel like that should be a matter between the landlord and contractor.
    I would tend to agree, usually.

    However, if your lease holds you responsible for repair costs for damage you caused, I would think you'd be on the hook for the actual cost, regardless of the low-ball estimate.

    You can either save yourself the hassle and pay up, or force her to take you to small claims. I suspect she would prevail in a small claims case, however, so this option stands to cost you much more.

    In any case, you might want to run the situation past an attorney in your area. First consultation is typically free.

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