Hi I put my 30 day notice in on 11/29 and was moved out by 12/29. I wrote that day and asked for a walk through. They made no acknowledgement until a few days later. We scheduled it for 1/2/07. But they called and wrote me hours before to tell me "they had already done it". They never asked if it was acceptable or not. But they also wrote in the email that everything was fine and nothing was wrong. So I fully anticipated getting my whole deposit of $1250 back by 1/19/07 (which would be 21 days after I moved out). Once again, no acknowledgement whatsoever until I contacted them on 1/25/07. I threatened legal proceedings and they quickly got me my deposit back the very next day. However, $355 was missing. They deducted for the most ludicrous things.

1. 3 days of missing rent (I have proof of the check I gave them for 11/29-12/29)

2. Repainting (but I lived there 2 years and 7 months)

3. And then a sundry of other ridiculous things, i'm guessing to gauge me of what little they think they could get from me.

What i'm wondering is, even if I had trashed the place beyond belief, I believe they still owe me the full amount and could owe me up to double the rent due to CA rental law. Is this correct and I would appreciate any comments or suggestions. Keep in mind, this Landlord is a criminal defense attorney and i'm extremely intimidated by him. But I believe I have done my work and I have copies of everything. Thank you.

All the answers to your questions are contained in CA Civil Code Section 1950.5 - Security Deposits. http://housing.ucsc.edu/housing/CRO/pdfForms/CCCsecurity_deposit.pdf

First off, if you "had trashed the place beyond belief" (to quote your hypothetical), you would certainly not be due the full amount of your security deposit. In fact, you might very well be liable to pay for the cost of damages that excedded the amount of your security deposit. That having been said, this does not seem to be the case in your situation.

If you can show "bad faith" on the part of your landlord, you can recover up to twice the amount of your security deposit, plus the actual amount of your damages (e.g., the amount the landlord unlawfully withhled). You should consider an action in small claims court - particularly, if you have an e-mail from the landlord stating the premises were fine upon your departure. The landlord's failure to recompense you within the 21-day, statutory time frame and his failure to provide you with repair receipts and invoices - detailing the names, addresses, and telephone nubers of the companies that purportedly repaired the property (I am assuming he did not), is an express violation of Civil Code 1950.5 and is indicative of "bad faith," especially given the landlord is a "criminal defense attorney."

Final Note: If you prevail in court (or even if you do not), you may want to file a complaint against this attorney with the state Bar of California.

Gosh, you truly helped me out. Thanks so much! I have relied solely on the internet as well as kind citizens like you. Thank you. As a homeowner myself, but renting this particular place (work purposes), I take EXTRA pride in the place I live. And I just feel so taken advantage of over the course of all of this. I truly don't have the time or will to do this court proceeding but I am going to find the time and will. Its time someone stands up to this man and make him aware that what he's doing is not allowed.

So you would advise to then take this up with the CA Bar Association? Why is that? Is it because since he's an attorney, he should know best?

Thank you for the guidance.

adpilove: So you would advise to then take this up with the CA Bar Association? Why is that?

Believe it or not, attorneys are bound to act in accordance with a cannon of ethics - not to mention in accordance with the law. Failure to do so, can result in formal discipline from the State Bar. This can include everything from a private reproval all the way up to license revocation (although don't expect the state bar to revoke your attroney's license because he didn't refund a few hundred dollars of your security deposit). The state bar takes consumer complaints very seriously. One of the attorneys in my office has dedicated his entire practice to representing attorneys who find themselves in trouble with the bar. You can lodge your complaint by following these steps http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10179&id=1144.

adpilove: So you would advise to then take this up with the CA Bar Association? Why is that?


Believe it or not, attorneys are bound to act in accordance with a cannon of ethics - not to mention in accordance with the law. Failure to do so, can result in formal discipline from the State Bar. This can include everything from a private reproval all the way up to license revocation (although don't expect the state bar to revoke your attroney's license because he didn't refund a few hundred dollars of your security deposit). The state bar takes consumer complaints very seriously. One of the attorneys in my office has dedicated his entire practice to representing attorneys who find themselves in trouble with the bar. You can lodge your complaint by following these steps http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10179&id=1144.

Is the 21 day in affect from time of surrendering all keys when prop mgmnt wouldnt schdule a final walk through? But she wasted no time to send a list to eat up a 2000.00 deposit w/ rediculous fees.

I guess I don't understand what you're saying.

To make a complicated situation short, we moved out in the 45 days we had to satisfy w/ the property mgmnt but due to her busy schedule and never returning our phone calls to arrange a final walk thru and surrender keys she is trying to charge us for 8 days of occupancy and from 02/08/07, when my husband left the keys unsecured under her mat because she wouldnt acknowledge his presence and open the door to accept the keys(02/01/07-we vacated property)-03/05/07 is her acct of 21 days to surrender the meager amount of @100.00 from a 2000.00 deposit(but thats a whole other situation probably going to arbitration/sm claims). When is the 21 day rule started? I have never had this problem w/ a landlord/prop mgr. Throughout the 1 1/2 yr stay at the property she was always unreachable(shes out of town right now until end of the wk for "family business") except for when she had demands. What are a tenants rights re:unfair charges of cleaning, what is deemed normal wear and tear(screen cleaning inside and out, etc.), no final walk thru performed, etc..Please helpw/ any advice...PS-she commended our upkeep of the home during her last walk thru&our last rental mgr forwarded $100 as bonus to quick vacating and cleanliness-confused and curious in CA

Well fortunately you live in CA where tenant law is in your favor. I know this first hand. If you read in my first thread, you'll see I am going through the same thing. Infact, I go to court next month on the 21st. From what I understand, 21 days begins from the day you move out. In those 21 days they are REQUIRED to, within 2 weeks, give you an itemized statement showing what needs to be "repaired" in order for you to make the necessary changes so you can get your deposit back. If after the 21 days, they are not allowed to deduct for ANYTHING. This is the issue I have. My LL waited like 26 days, and only acknowledged me after I had to beg and plead him to return my messages. I am not a lawyer by any means, i'm just a very upset tenant that has been walked all over, and enough is enough. I would check out the CA Tenant Law to assist you any further. Go to the section of security deposits. Also I would google small claims court in your county and they will also be able to assist you in how to proceed.

http://www.dca.ca.gov/legal/landlordbook/

I agree "enough is enough", my first day off in 15 days of 11 hr days and this is how I am trying to resolve what seems to be an unresolvable issue. She has emailed me @ 4 times in 48hrs, when we couldnt get a response prior to all these issues. I will venture the sm clms and rental websites. Did you serve your LL w/ a security demand letter? If so can they be acquired at any lg retail Office supply store? I hope this can be resolved but tenants now occupy the hm and w/ no final list to make corrections or a final walk thru arbitration is steadily showing to be the only resolution. What are the proper steps to take to stay w/i all legal parameters in Ca if you dont mind me asking? Once again thanks for your time and input....Curious...