I moved out of my apartment complex on July 31st, 2009. As I have read all over the internet, and at reputable websites, my landlord is liable for sending me my deposit back (minus reasonable deductions for damages other than normal wear and tear, as well as cleaning) within 21 days of my abandoning the apartment. If they do not do so within this time frame, I am allowed a FULL refund, as they have abandoned their right to deduct any charges. I should mention that I lived in Canoga Park, CA.
I did not receive a check on the 21st day, so I called and complained. The new land lord said that the previous one (she was fired just after I left the apt.) already sent in the request to corporate for issuing my refund, and that I should receive a check in the mail soon. She explained to me that the amount was for $665 and some change. I was shocked, as I put down $1,100 for this one bedroom apt (no larger than 600 sq. ft.). They deducted $230 for cleaning, $80 for painting, $80 for cleaning/repairing the carpet, and $45 for my last month's utilities (which I agree with).
I explained to her that I was upset and completely disagreed with the amount withdrawn. She said that I actually received a bit of a discount, as normal costs were more than what was deducted. I called her back on August 30th, as I had yet to receive my check, and she said that SHE sent out the request just recently and that I should expect to receive my refund within the next couple of days. I received it the next day with an itemized list of costs incurred, but no receipts.
I believe that the costs charged to me are extremely unfair, and it doesn't seem as if normal wear and tear were accounted for. I want to take them to small claims court, but I want to know if I stand a chance at receiving the majority of my refund from them (as well as statutory damages and interest). And if so, how do I go about getting my money back? I have already filed a complaint with the BBB, and am awaiting a response from the company regarding the dispute.
I look forward to all input. Thank you.Do I stand a chance at getting a full refund of my deposit back?
First of all: A place needing to be cleaned is NEVER wear and tear. Nothing they charged you for could be considered wear and tear except for the painting. If you had any holes in the walls then they can charge you for painting. Those charges all sound legal to me.
Second of all: The landlord is NOT legally required to do the walk through with you. You can ask to be present but you cannot demand it. Doing a walk through with you is not their 1st priority.
3rd: the BBB will not do anything but log the complaint. They are NOT the governing body for real estate!!
4th: You always have the right to dispute any charges in court, but it is ultimately up to the judge if the charges stand or not. The burden of proof is on you here. You must prove that the cleaning was not needed.
I know it is not what you want to hear, but you probably will not get any more money back and you will be out all the court fees on top of it.Do I stand a chance at getting a full refund of my deposit back?
Nothing will happen with the BBB complaint. They are powerless to do anything.
You'd have a shot in SC Court if you did a joint move-out inspection and the condition on the inspection report was different from what they billed you. Lacking that, the courts will generally side with the landlord unless you have proof of your claim such as photographs taken at the time of move-out that can be substantiated as having been taken that day. (A newspaper is handy for proving the earliest date that a photo was taken; just include the front page in every photo.)
The issue with the 21 or 30 days to provide an itemized listing of charges may backfire on you. While it is generally true that a landlord who misses the deadline loses the right to deduct costs from the deposit, they STILL retain the right to proceed against you in the courts. If you due on small claims court based upon the 21 or 30 day deadline not being met, they will counter-sue for the damages that were already deducted. You'd wind up in the same position that you're in right now, but out of pocket for the filling fees.Do I stand a chance at getting a full refund of my deposit back?
Whenever one moves out of an apartment, management always does certain things before the next person moves in, such as cleaning or replacing carpets, filling in any holes on walls before painting, as well as any other items that need to be replaced be it in the kitchen or bathrooms.
On your original lease if you look it over, any standard wording will include the above giving you a chance to fix them yourself at your own expense, or possibly having them subtracted from your deposit.
I think you have no case.Do I stand a chance at getting a full refund of my deposit back?
Call the Canogo Park housing dept at (213) 367-9099 - see http://www.canogapark.com/community.html
Some of the items they are deducting for are not legit.
Good luck.Do I stand a chance at getting a full refund of my deposit back?
Your best option is to attempt to negotiate a settlement with the landlord now involved. CDCA provides good information concerning your situation, and I've included a link for you to peruse.Do I stand a chance at getting a full refund of my deposit back?
It is going to cost you more to file then you might recover.
Those fees are not only reasonable, they are very low, labor is expensive in CA.
The only thing you can hope to recover is the painting. The landlord can only charge you for painting if there is actual damage to the previous paint. Dirt is not %26quot;normal ear%26quot; and cleaning is on you.
Small claims does not allow you to claim anything other then actual damages and interest is not incurred until after the judgment can been made, it is not retroactive.
