[annoss]

I'm hoping someone may be able to advise me on what to do. I rented an apartment in California in March '08 on a month to month lease. On November 26, 2008 I gave my manager my 30 termination of tenancy notice, stating that I will be gone by Dec. 31, 2008.
I did my final clean up of the apartment on Dec. 30th and my daughter returned the keys to the manager on Dec. 31st, (as she lives in the same complex and I left too late the previous night to knock on the manager's door.

By Jan. 22nd, I had not received my security deposit and so I sent a certified letter requesting it, as I have heard California law requires that it be returned within 21 days. My security deposit was $850. On Jan. 24th I received a letter from the landlord that states:

Dear Former Tenant:

This letter shall serve as the security deposit accounting. After deducting the various items, we are enclosing a check for $510.00.

Security Deposit: $850.00
Pait Touch-Up (From Smoking): -275.00
Clean Carpets: -65.00

Due to Tenant: $510.00

The letter is dated Jan. 21, 2009 and the check is dated Jan. 22, 2009. The envelope is postmaked Jan. 22, 2009. I did not receive it until Jan. 24, 2009.

I was not provided with any receipts or invoices for these deductions.

So, I have a couple of questions/concerns:

Is the law on my side regarding the date I received the letter, since it should have been received by Jan. 21st?

Also, shouldn't I have been sent receipts showing the expenses they are claiming?

There is nothing in the lease about smoking. I only smoked in one area of the apartment and always blew my smoke out the window. When I left, I removed my pictures from the walls and there was no marks that would indicate any discoloring of the walls.

I feel that I am being cheated and would like to know if I should write a demand letter asking for the held back portion of my security deposit on the grounds that it was received late, or should I bring up the unfair deductions and ask for receipts to be sent?

Also, do I have only 14 days to complain? Should I give the landlord a certain date on which to reply? Should I be willing to compromise on the portion I would like returned?

[excon]

Hello Ann:

I'd just sue her for the entire deposit back, and let the judge compromise if he's a mind to.

excon

[ScottGem]

First, in most such instances it's the postmark date that matters not the receive date.

CA laws says they have to SEND you an itemized list of any deductions made. It deosn't specify that they need to send receipts if they did the work themselves so it was probably done by maintenance staff.

The problem here is the postmark is one day past the deadline. Since small claims court (where you would have to file a suit) is more loose, I doubt if the court would make an issue of the one day.

And, Unless you have pictures showing no damages, I doubt if you would prevail there.

[Fr_Chuck]

The painting is the only question, I can agree that the carpet cleaning is by far fair. IF the need for paint was normal wear and tear. But some states require all apartments to be repainted between every renter ( could not find this in California)

You will need photos showing there was no damage and no painting was needed

[annoss]

Thanks to everyone for your advice!

I know I was overcharged for the carpet cleaning, since another tenant that moved out the same time I did was only charged $45... (probably related to my smoking also huh).

I also highly doubt there was any repainting done, since there was no need for it at all. I read somewhere that if smoking is allowed, then any effects to the walls are considered normal wear and tear. Does that make sense?

If there is going to be an extra charge for all smokers, I think it should be stated in the lease, giving the tenant a chance to smoke outside. It would only be fair. But what in life is fair these days anyway.

I've been ripped off before... guess it's just another lesson learned.