Legal Question in Landlord & Tenant Law in California
damage deposit
Our son, a university student in OC, rented a1 BR apt from 12/15/04 -01/31/05. Feb 1st. he moved into a house, The total number of days he inhabited the apt was 40-he spent winter break, (12/17to01/31) living at home. I flew from out of state to make sure the apartment was toughly cleaned so we could get our $750 deposit back. The apartment was spotless- he only had a couch, desk, lamp, TV and some dishes. He didn�t use the BR, and didn�t cook, he used his University food card. Jan 27th we met the manager, asked how he thought it looked; he said maybe the carpet would be cleaned. Even though he said it looked good, we washed and swept everything. My flight left at 2:00; he said we�d at 11:30, I said 11:00 would be better so we could fix anything. I waited until 12:00 for him, having to catch my flight, later my son repeatedly tried to contact him. Lthe manager calls asking why I missed our 12:00,I reminded him it was for11:00- he said he was home all morning. He faxes a release, I fax it back. I get a check for $350, I call ask for an explanation, they fax me the invoice: $65 carpet cleaning, $100 cleaning, $200 painting/repairing the door, $35 repair a circuit breaker. What can we do to get our $$$ back?
2 Answers from Attorneys
Re: damage deposit
California law will control here, as the apartment was in California. However, to give you some pointers: in WA at least, a landlord cannot keep a security deposit to fix normal wear and tear. It sounds like the landlord here used your deposit for normal maintenence, not to correct damage caused by your child. I would either hire a CA attorney, or look up CA's residential landlord-tenant law to see under what grounds a landlord can keep a deposit. Then, write a letter (sent certified, return receipt requested and regular mail) protesting their retention of your deposit.
It would be helpful if you took photos of the apartment before you left.
In WA, anyway, the law provides for attorney's fees if a tenant has to litigate to recover a wrongfully withheld security deposit.
Again, as I am only licensed in WA, I defer to California attorneys on this topic.
Re: damage deposit
If by "OC" you mean California, you need to ask an atty licensed there for the answer. CA has similar but not identical rules regrading deposits, and the statute will control because the apt. was located in CA. I wish you the best with this.
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