Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Real Estate Law (https://www.askmehelpdesk.com/forumdisplay.php?f=29)
-   -   Landlord not returning full deposit (https://www.askmehelpdesk.com/showthread.php?t=309686)

  • Jan 28, 2009, 12:54 AM
    tenant victim
    Landlord not returning full deposit
    Hi
    I need help please. I moved in an apartment in LA and after my six-month lease up, I stayed there with month to month basic. Then we have to leave out of state for about 6 weeks for an family urgent matter. We gave her(the landlord) 30 days notice and left country on Nov 17th. We gave her our forwarding address so that she can send us our deposit back. She work through the premises and said everything was Ok. I asked my friend to check the new address mail box to see if she has sent deposit back.
    We came back to the States on 27th of following month and received a voice mail saying that she lost our forwarding address which she wrote down on move-out checklist. My questing are
    1."Landlords are bound by law in California to at least provide you with an itemized statement of any withheld securities within 3 weeks of your vacancy" does it mean 3 week after Nov 17th or 3 week by the end of Nov?
    2. how is the law stands if a landlord just called you and said she lost your forwarding address?
    3. Then on the first week of Jan, She said she found our address and told us she has sent it which we never received it. Then one week later, she ask us to come in her office to pick up the check but only less than half of what we have deposited for. She said she found some roaches and have to clean up and change carpet to hard wood floor. We stayed there about 11 months and the carpet is in the good condition. She said take the money or go to the court. I just felt bad faith in her and her not mentioning the intention to minus damages when she called us a month ago.
    Thanks.
  • Jan 28, 2009, 02:37 AM
    21boat
    Quote:

    Originally Posted by ;
    She work through the premises and said everything was Ok.

    Im a landlord in Pa.
    If your landlord lost your address is plausible

    No3# sounds plausible but sounds more like B.S.

    If she did the walk through and you had witness then it would be advisable to go to small claims court. If you had rented before and can get a notarized statement that you were a good responsible tenant then again it backs up your creditability as being a good responsible tenant. If you previously rented at a complex have them send you a letterhead statement form their office stating you were a good tenant.
    The roaches basically was not your problem at that point unless she can prove you were a dirty tenant and they will move in much more if its vacant. It's a well know fact that roaches are nearly impossible to get rid of completely if its an attached structure.
    The carpet wasn't addressed on the walk through then she is blowing smoke.
    Also there is normal wear and tear on carpet.
    She also has to give you a written bill on the services of the cost to remove carpet if that was even true
    She also has to give you the interest on the security deposit as little as it may be. That must be shown also.
    I would go to a hearing and she expects you not too and go away.

    To avoid this again is simple and this is what I do for my new tenant
    I make up a list in categories to do checks on the moving in condition and take a camera. When you and the landlord do the walk before you move in and is approved I take a picture of the tenant in all rooms and bath kitc etc. I even tell them to bring there camera if they want. This protects both parties from either one getting away from and argument later. The list is I give to them has inspections areas on the list Carpet appliance's conditions cleanness toilet sink fixtures working. No holes in walls doors and hardware in good condition etc you get the picture. In those group check points I have beside two places to initial. One for me the landlord and one for the tenant right beside it I have a copy right there for them to keep with both are initials. This way it completely locks in both parties as to the condition it was to live in I find this is a GREAT way to have a good relationship with my tenant and me that neither one of us can lie later. And completely solves a lot of opinions here. I do the sane thing on the leaving of the tenant. Again That completely solves the problem on the move out and if there is damage again no matter what I take pictures again with the tenant there. I even have in the contract to receives your deposit the tenant or a representative must be there for the day when the apartment is considered surrendered back to the landlords/owner. If the tenant does not show up or is awall then a rep from the office will make the assessment alone and that will be binding as related to proof on the papers originally signed and the being compared to the original pictures with current picture taken on the day on move out inspection.

    I hope this will help you and help you on the next place you rent. Even if the next landlord doesn't have this check list system make up your own and do it with them. Explain to them Why you want this and it protects the landlord too.

    Signed 21 Boat

    If I Helped To Answer Your Question Please Rate My Answer
  • Jan 28, 2009, 05:26 AM
    Fr_Chuck

    If your carpet was clean, if not they may hod out for cleaning of carpet. NOt replacing it with hardwood.
    In the walk though that would have been seen.

    Sounds like you will end up having to sue them.

  • All times are GMT -7. The time now is 09:04 AM.