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    MeiMeiKo's Avatar
    MeiMeiKo Posts: 2, Reputation: 1
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    #1

    Jul 12, 2012, 02:13 PM
    Can ex tenant request the remeining deposit refund after cashed the check
    I searched online and most of the people want to sue the Landlord, but I'm the Landlord in CA and I need help!
    My tenant recently moved out of my rental condo and I sent her a letter and itemized list within 21days.
    In the list I included what was the damage and charges done to the property. I have pictures and copies of the receipts. She cashed the check and now sends me a letter and claims that the damages are from the previous tenants that live there before her and her family and want the remaining security deposit refund to her right away..
    She can still request the remaining security deposit after chased the check? I don't think I need to refund her the remaining but CA is tenant’s friendly state.

    What should I do?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jul 12, 2012, 04:00 PM
    Quote Originally Posted by MeiMeiKo View Post
    ...
    she can still request the remaining security deposit after chased the check? ...
    Probably. You are thinking about "accord and satisfaction". It might not apply.

    Quote Originally Posted by MeiMeiKo View Post
    ...
    ...
    What should I do?
    Do you have pictures from before she moved in? Does she have any proof that any of these items were damaged? Assuming that she can't prove the condition was like that before, I don't think you have anything to worry about. So there is nothing to do. Ignore her, or send her a polite letter saying "no".
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Jul 12, 2012, 04:44 PM
    As long as you followed the law in itemizing the charges and returning the remainder then the burden of proof is on her. So let her take you to court
    MeiMeiKo's Avatar
    MeiMeiKo Posts: 2, Reputation: 1
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    #4

    Jul 13, 2012, 10:44 AM
    Thank you AK and SG... here is more detail I don't know for me replaced carpet to wood floor will make any different?

    I don't have the pictures when she first moved in, only the pictures after she moved out.
    My condo had new paint with a clean carpet and I hired professional people to clean the whole condo before she signed the lease.
    I don't have any proof and I don't know if she has any proof. (Her family was my second tenants, I don't know much about the tenant/landlord law till now. And I still need to learn a lot more)
    I did find out that after 2yrs I can't charge the repaint of the condo so I will return the $44.00, for the price for the paint. (I didn't charged her any labor because my husband did it by himself, also there were lots holes needed to be patched and all was done by owner's expense)
    The carpet still was dirty with stains and marks that can't be removed after cleaned, so we had to replace and we decided to change to wood floor but we only charged her 1/3 of the money.
    Also on the refund check I only put "refund deposit" nothing like "paid in full". Is that will be a problem?
    Thanks again!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Jul 13, 2012, 11:13 AM
    Would have been better to put refund OF deposit. But I still think the burden of proof is on her. You have receipts that document the repairs you made. Let her take you to court. I suspect she knows that you are an inexperienced landlord and thinks she can intimidate you. I wouldn't return the $44 unless a court orders you to.
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