[BerkeleyMan]

A week ago I got a letter from collection agency regarding collecting additional $120 dollars toward repairs done in the apartment iI moved out in December. My security deposit was rather small $199 (advertised move-in special) and I [naively] thought that will limit my liability to them. I am in CA and according to CA law the landlord required to send me a detailed bill and the remainder of the security deposit with 21 day after my moving out. That obviously never happened. When I called the management to verify why it never happened they claimed they don't have my new address on file. Fortunately I still have a copy of email I sent them with my new address along with the response of their manager at this time acknowledging the receipt. When I faxed these documents to them they responded that they are calling off the collection agency call and that I now owe money to them. I responded that I would like to see detailed receipts first.

I got a letter from them with a move-out inspection. The only thing marked wrong on it are
Grease stains on the wall in the kitchen, and black smudges on the walls in the bedroom. However, the invoice charges me for 8 hours or cleaning at 15$/hr + 40$ for pro-carpet cleaning + $150 for a "full repainting".

The carpet cleaning charge may be reasonable even though I vacuumed the apartment prior to leaving. I think 8 hours of cleaning labor is an overkill if carpet and walls are excluded. Did it take them that long to wipe the counters? No indication of the move out report indicates where cleaning is required - does it give me legal rights to dispute. I also believe that complete painting of the unit is an overkill. Regular cleaning of the wall would've been a cheaper options. Moreover - bedroom walls were OK as indicated on the report. Moreover, some wall damages were indicated on move-in report. CA law also suggest prorating the wall painting according to the time stayed in the apartments. For the 1-2 years (my case) they suggest one-third of cost deduction which I believe was never used by the complex.

So here are my questions:
1) Since they did not provide me a refund/receipts during 21 day they clearly violated CA law. Does it affect my rights to get my deposit/their rights to charge me extra?
2) Is it allowed for them to bill me for extra amount (in addition to security deposit)?
3) If I want to dispute their charges what should my action be? What should stop them from getting to collection agency again?

Going to small claims court is not an option as I am in different state. I don't understand why I need to go to the court to give my money back while they can just bill me without any court order. At this point I would be Ok for settling at their keeping of my security deposit and I pay them nothing else. If they report me to credit collectors and damage collectors do I have a right to sue them? Do I have to go back to CA to do that?

[LisaB4657]

According to CA law, if the landlord fails to return the security deposit or provide a detailed accounting within 21 days then the landlord forfeits all rights to retain any of the deposit and must return all of it to you. The citation for this is Granberry v. Islay Investments (1995) 9 Cal.4th 738, 745 [38 Cal.Rptr.2d 650, 653].

If you sue the landlord and the judge finds in your favor then the judge could award you the full security deposit plus up to twice that amount as a penalty against the landlord.

If you don't want to sue then you should send a letter to the landlord by certified mail that they have failed to return your security deposit or a detailed accounting within the time allowed by law and therefore they must (1) immediately provide you with the full amount of the deposit and (2) immediately discontinue all efforts to obtain any additional amounts. Then say that if they fail to do these two things within 10 days you will file a lawsuit for the full amount plus double the amount as penalty, court costs and legal fees. Maybe the threat will get them to back off.

More information about CA law can be found at Landlord/Tenant Book Index - California Department of Consumer Affairs