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KCWSoCal · Sep 6, 2006, 05:17 AM

Long story short... (ha ha. There is no such thing in this situation :( )

My husband and I were leasing a home in Southern California from the homeowner's daughter (he was put into a rest home). Needless to say the lack of experience on both sides of the situation led to our landlord handing over the lease to a property management company 3 months into the 6 month lease. The property manager was uninformed and had no idea what she was taking on. The owner mean while skipped the country and was impossible to reach. Our property manager found it in all of our best interests to terminate the lease a month early w/o the owner's consent. She served us w/a thirty day notice and we were told that when our lease agreement changed hands it became a month to month. We were okay with all of this and it made sense - up until now. The day we moved out (on the first of last month), the homeowner returned from her 2 month exotic island holiday :mad: and our property manager, who had been nothing but helpful, became somewhat scarce/evasive. I am not sure if the owner flipped because of the month of lost rent or what - it was never discussed, but from my experience with the owner I am almost positive that a fuse was blown. Anyway, I returned the keys the keys on the first and told our property manager to let me know if there was anything I could do to ensure we received our full deposit back. She did tell me that I could patch the nail holes in the walls (from picture frames, etc.) - which I did. We spot cleaned the carpets, washed the windows that were not washed upon our move-in (documented w/digital camera) per her request, etc. Well, needless to say through out the past month the most trivial items have held up the progress of our refund. I have been researching the codes, etc. and I am fully aware that our deposit should have been refunded w/an itemized breakdown of deductions no later than 21 days after we exited the premises. Today marks day number 37. If I am not interpreting the code incorrectly doesn't that mean we are to receive the full amount of our security deposit back immediately?:confused: Please, any advice would be SO helpful. We will go to small claims court if it must go that far, but I remain hopeful it will not. If I am entitled to the full amount of our deposit, how do I go about getting it w/o going to court? We have a 7 y.o. son that has been bouncing around from place to place with us and we need our deposit back in order to get another home. We just want to move on with our lives and forget the past hellish 6 months. Thank you

ScottGem · Sep 6, 2006, 05:43 AM

Send a certified letter to both the owner and the property manager. Cite the code section that states that an itemized list must be presented within 21 days or full refund is due. Close by saying you will expect to receive your check within 5 days.

Cvillecpm · Sep 6, 2006, 07:22 AM

Sorry - the transfer from the owner to the property manager did not convert your tenancy to a month to month - you owe for the last month whether you were there or NOT unless you have written confirmation from the property owner of this agreement.

In instances such as you indicate with no itemization received, either you did not provide a forwarding address which is REQUIRED or the property owner/property manager got the itemization back via USPS that you had moved with no forwarding address... when that envelope is opened by the Small Claims court judge, your case is out the window.

Suing in CA Small Claims will allow the property owner or property manager to counter sue you for damages, deliquent rent AND any late fees in the lease... you may be better off to do nothing.

ScottGem · Sep 6, 2006, 08:20 AM

I'm not sure if Cville read your original post correctly. First, you state: "She served us w/a thirty day notice". So it sounds like you DO have it writing. Second, there is no indiciation that you did not provide a forwarding address and every indication that you did keep in contact with the property manager at least.

KCWSoCal · Sep 6, 2006, 08:36 AM

I did give our property manager a forwarding address a week after we vacated the premises. I kept open lines of communication w/her until recently when she stopped returning mycalls. I was attempting to be patient and understanding with the circumstances under which we were operating, I just like to be in the know when it comes to almost $3000 of much needed cash. Thank you ScottGem for reading my post and understanding it and me. As far as the actual property owner? Our contact with each other ceased right as our property manager came in. It is better that way. Trust me. I will let you know what comes of the certified letter. Thanks again!

excon · Sep 6, 2006, 08:41 AM

Hello KCW:

The property manager was wrong on two counts. Your lease terms did not change, and the 30 day notice was illegal.

Had the above not happened, and you moved a month early, you would NOT be entitled to your deposit back. Your landlord would keep it toward your last months rent, and you would be liable for any damages plus any difference in your deposit and the rent owed.

But, the above DID happen. Your lease was breached by the person the owner put in charge. It doesn't matter that it was consensual. You didn't give notice - the manager did.

Therefore, I suggest that you are absolutely due your deposit. Do not call them anymore. Do all your correspondence on paper (sent certified, return receipt requested) or email. If you talk on the phone, follow up with a letter confirming the conversation. Cite the law as you know it, argue my point, and then demand a check within 5 days or you'll sue.

It has been suggested that the only reason you didn't get your deposit back is because YOU failed somehow. It assumes that all landlords are honest and don't try to make an extra buck on the deposit. If it were only that way...

excon

ScottGem · Sep 6, 2006, 10:48 AM

Based on what you have told us, you seem to be in the clear. You repaired and documented the condition of the house. Therefore they owe you the deposit back. By not providing the itemized list they appear to have violated the law and you may be due penalities.

Cvillecpm · Sep 6, 2006, 12:28 PM

The property manager can't change the lease she was not a party to originally. Her 30 day notice had no effect and the property owner did not "skip" as they returned to deal with the situation. The property owner can hold you to the lease terms and keep your deposit for the remainder of the rent OR if you sue in Small Claims, the owner can counter sue you for damages, cleaning, etc. as well as the rent.

ScottGem · Sep 6, 2006, 12:48 PM

Originally Posted by Cvillecpm

The property manager can't change the lease she was not a party to originally. Her 30 day notice had no effect and the property owner did not "skip" as they returned to deal with the situation. The property owner can hold you to the lease terms and keep your deposit for the remainder of the rent OR if you sue in Small Claims, the owner can counter sue you for damages, cleaning, etc. as well as the rent.

I strongly disagree with this. Assuming that the Property Manager was legally hired by the property owner, then the PM was acting as the owner's agent. Whether the PM acted improperly or not is moot. If the owner has a cause of action its against the PM, not the tenant. The tenant acted in good faith under the belief that the PM was acting for the owner.

Yes the owner can counter sue but I doubt if she would have a case. The court is most likely going to tell her to sue the PM, not the tenant.