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  1. #1
    Join Date
    Nov 2009
    Posts
    1

    Default Partial Security Deposit Return with No Itemized Deductions

    My question involves a security deposit in the State of: California

    I rented a place on a verbal agreement and a few sentence hand written agreement. I was verbally promised a private yard, the lock replaced (it did not work when I moved in), and the oven fixed (it did not work). The lease was month to month. I moved out 5 months later, gave 30 days notice and cited the reasons why I was moving out (aside from what was stated above, there were termites, a tree that was too close to the unit, mouse droppings in the unit, and plumbing issues). It was a garage converted apartment that was far from livable (I was desperate for a place) and I found out after I moved out that it was also illegally converted.

    I moved out on 6/1/08. I sent them an email asking me when I should drop off the key. I received no response, so I dropped off the key (that didnt work anyway) on 6/5/08 and they said they had already cleaned the apartment and that I left it a mess (She stated that she had to spend hours cleaning the unit). I left if uncleaned, just as the apartment was when I moved in. I sent an email to them on 6/26/09 stating that I was entitled to my security deposit and that it was now 5 days late. The next day in the mail I received a print out of the email with a hand written note and the security deposit minus $275. The note just stated that I left personal items as well as an uncleaned unit and that the key was not returned until June 5th and I failed to arrange a final walk-through. I responded with a length letter via certified mail stating my legal rights and that I am entitled to a full refund because they failed to give me an itemized list of deductions. The only response was a phone call and message stating that they had photos.

    Is it too late to file a claim? Can they counter sue with additional deductions, even though they never stated any with the return of my deposit? Is there a way to deal with this without going to court? Can they charge me for rent on the 5 days even though they entered the unit, cleaned it, and assessed the "damages" during that time without giving me 24 hours notice to enter?

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

    Default Re: Partial Security Deposit Return with No Itemized Deductions

    You can file a claim in small claims court. They can file a counterclaim to establish that their deductions were proper. The court is unlikely to be sympathetic to any new claims they make in response to litigation, after more than a year.

    If you want to try to negotiate something with them without going to court, pick up a phone and give it a try.

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