Civil Code Section 1950.5(g)(4)

The whole code should be read starting at 1950.5 for it to make sense. The best and easiest resource is the dca.ca.gov site which explains security deposit law and references each specific code.

Here's an excerpt from that site:

The landlord also must send you copies of receipts for the charges that the landlord incurred to repair or clean the rental unit and that the landlord deducted from your security deposit. The landlord must include the receipts with the itemized statement. The landlord must follow these rules:

If the landlord or the landlord's employees did the work - The itemized statement must describe the work performed, including the time spent and the hourly rate charged. The hourly rate must be reasonable.
If another person or business did the work - The landlord must provide you copies of the person's or business' invoice or receipt. The landlord must provide the person's or business' name, address and telephone number on the invoice or receipt, or in the itemized statement.
If the landlord deducted for materials or supplies - The landlord must provide you a copy of the invoice or receipt. If the item used to repair or clean the unit is something that the landlord purchases regularly or in bulk, the landlord must reasonably document the item's cost (for example, by an invoice, a receipt or a vendor's price list)
If the landlord made a good faith estimate of charges - The landlord is allowed to make a good faith estimate of charges and include the estimate in the itemized statement in two situations: (1) the repair is being done by the landlord or an employee and cannot reasonably be completed within the 21 days, or (2) services or materials are being supplied by another person or business and the landlord does not have the invoice or receipt within the 21 days. In either situation, the landlord may deduct the estimated amount from your security deposit. In situation (2), the landlord must include the name, address and telephone number of the person or business that is supplying the services or materials.
Within 14 calendar days after completing the repairs or receiving the invoice or receipt, the landlord must mail or deliver to you a correct itemized statement, the invoices and receipts described above, and any refund to which you are entitled.

The landlord must send the itemized statement, copies of invoices or receipts, and any good faith estimate to you at the address that you provide. If you do not provide an address, the landlord must send these documents to the address of the rental unit that you moved from.

The landlord is not required to send you copies of invoices or receipts, or a good faith estimate, if the repairs or cleaning cost less than $126 or if you waive your right to receive them

Quote:

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Originally Posted by rockinmommy

I don't disagree with you. It's just like any business.......there are good "____________" (fill in the blank) out there doing business, and there are bad "______________". Unfortunately, it's the bad scenarios that always get the attention and make everyone good get lumped into the rest.

There are landlords out there who routinely just think they can get away with keeping security deposits and tenants out there who don't take care of the property and then can't understand why they don't get their deposit back.

It's kind of like people who have children who have no idea what they're doing.

In this case I don't see that the landlord is abusing or manipulating the situation. Time to forward their mail.........eh, may be pushing it a little, but at the same time she shouldn't have to spend her time to do that............

ORIGINAL POSTER......for future reference........write "No longer at this address" on all mail that still comes to tenants who have moved out and leave it in the mailbox. It's not your job to forward their mail.

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I would like to clarify - I did NOT charge them for time to forward their mail, nor the cost of the postage. When I told them I would leave their mail out for pick up, one of them said I would be liable if anything was lost since he did not have time to pick it up on the days I designated. One of them did not have an address at the time so forwarding was an issue for him. I DID charge them for time I took to clean up after them. According to my read of the law, I am allowed to do this and I charged the standard rate.

Additionally, I was waiting for a final receipt before forwarding the full package. This I got yesterday afternoon and so am mailing the package today. Their letter does not ask for the receipts by the way, this is not the bad faith they are accusing me of, but yes I now know they should get copies.

The lease the three original tenants signed clearly states any disputes are to be resolved with mediation and that if they lose, they are liable for my attorney fees. It does not go the other way. However, in the US anyone can sue anyone for anything and again, because they are recent graduates, they may think this is easy to do.

My issue is not that I don't understand the law, it is that I live in a VERY tenant friendly city and am dealing with three junior lawyers who are not bright, and are unemployed and have no money so are coming after me with vengeance. My attorney will happily fight this, but it will cost me $500 out the door for the first letter, and another $500 to reply. There is no guarantee that his letters will stop these not very bright bulbs. The reason I asked the initial question was to figure out what other people's experience was. Now I have to figure out whether 1) I take the sure route out of hassle by paying the former tenants;2) fight now and potentially have to pay more; or 3) ignore them as was advised by this panel and then potentially have to pay later still.

I've been a landlord for nearly 15 years. I've dealt with some version of this story a number of times. Even a couple of times with tenants who were attorneys and once a girl who was engaged to one.

I've done exactly what I advised you to do each time. Sent the required documentation, along with whatever was left of the deposit. Then after that I DID NOTHING. It is nerve wracking... sitting back and waiting to see if you'll be sued. And if your city is tenant-friendly, then I can understand why you're that much more tempted to cave in. I just think you're running a business, and you have to weigh out your options and act in what you feel is the most cost conscious way.

I will tell you that I've not had any tenants follow through with actual law suits. One of the ones I mentioned above sent me threatening letters and such for about a year. Then it stopped and they went away. I'm confident that if they had sued I would have prevailed, as I followed the law. But I was still worried about it.

At this point, with what we now understand about the receipts (thanks, KaraG), I would send them a "revised" letter, including your accounting of the deductions, copies of the receipts, and a copy of the law. Highlight the portions that pertain to this situation. SHOW them that you know the law, you know you followed it, and tell them you consider this matter closed.

THEN, I'd sit back and wait.

Hello again, sandy:

Even though your exposure to liability has changed somewhat with the receipt issue, The advice mommy is giving you is correct.

Besides, there really is nothing more you can do at this point... Until a lawsuit is filed, this is an intimidation game. Do NOT be the first one to cave.

In terms of you're living in a tenant friendly state, I agree. But, that doesn't mean that every location in California is tenant friendly, or that every judge will interpret the law in favor of the tenant. Many judges, especially in small claims, and in counties like Orange, look beyond the letter of the law to see if they can find "reasonableness" of action.

Yes, you should have had the work done and the receipts in the mail by the deadline. However, missing it by a few days shows, while not exact compliance, it certainly shows that you weren't trying to rip anybody off.

I still think you've got a good case. After the letter with the receipts, I'd let them make the next move.

excon