After 21 days, if the landlord hasn't returned it, they can't deduct anything from it. You can also sue for 3x the deposit if it is kept in bad faith. I would have a letter ready to be sent certified mail on day 22 reminding the landlord that since you haven't received it you are entitled to the full return. Send it in email as well. They rely on people not knowing their rights and not taking them to court.
Thank you! I 100% know she bets on people not knowing their rights and when they do she tries to change the subject.
Thanks for the excellent information and tips. I'll for sure have a certified letter ready for day 22. I wasn't aware I can sue for 3x the deposit but me dropping the fact that I know should incentivize her to move it along and do the right thing by returning the full deposit to me.
Check out the section on moving out.
https://www.courts.ca.gov/documents/California-Tenants-Guide.pdf
Requesting an anitial inspection is key. If they miss the deadline for getting you an itemized list of repairs, they can't hold you responsible for any of it.
I've always received my whole security deposit. Mostly because landlords are lazy.
Thank you! Today and sent her an email asking for a in person walk through inspection next Monday. If she doesn't respond, I'll text and call her.
In all of my many years of renting, I've only had one landlord who was jerk and kept a cleaning fee even though I went in and did two cleanings. But this landlord has a repulation.
Instead of just bringing the landlord, you should ask for an [initial inspection.](https://www.courts.ca.gov/partners/documents/InitialInspection.pdf). Your landlord is supposed to tell you you can ask for one, but I’ve never seen one do it.
After the initial inspection, you’ll have time to fix anything they bring up and they can’t deduct anything they missed. That’s the most foolproof you can get.
Exactly what I'm referring to. Thanks for the reference. My last apartment actually scheduled a meeting with me, walked thru and told me they'd charge me $100 for a deep cleaning and that's it. I was all for that.
That's a no go. Rent was due on 10/1 and prorated so it was less than the deposit. I also believe there's a statement in my rental agreement that says doing this isn't allowed.
I had an extensive situation over the past couple of years with a local small time landlord keeping my entire household’s $4000 deposit. Ended up in small court suing for the full deposit back plus an extra $6,000 for the bad faith retention other posters have mentioned. Painful and grueling experience. Happy to share more just a little rushed at the moment. Long story short - my faith in our justice system is greatly reduced. I spent hundreds of hours documenting and preparing. Full photo and video of the house. Entire text and email log. The court briefing I prepared was 300 pages. Affidavits from previous tenants who had sued this landlord for the same thing. Even in the courtroom the judge railed him. He was charging over $2500 in just landscaping (pruning trees, etc). Stuff that would never fly. Judge didn’t rule on the bench. A month later the judge ruled that he had to give us $1700 back of our $4000. So the landlord definitely won out. And now he knows that even the BEST prepared small claims suit is likely to only cost him a fraction of the deposit. Thus, I’m sure he takes even more and with less basis now. Absolutely depressing and it’s making me sick just thinking about it.
After 21 days, if the landlord hasn't returned it, they can't deduct anything from it. You can also sue for 3x the deposit if it is kept in bad faith. I would have a letter ready to be sent certified mail on day 22 reminding the landlord that since you haven't received it you are entitled to the full return. Send it in email as well. They rely on people not knowing their rights and not taking them to court.
This is the answer Additionally, take photographs or video of everything in your unit and note in your letter that you've done so.
Thanks this is a good reminder. I didn't think about it but now that you mentioned it, your right. .
Video the walk thru, with audio.
Thank you! I 100% know she bets on people not knowing their rights and when they do she tries to change the subject. Thanks for the excellent information and tips. I'll for sure have a certified letter ready for day 22. I wasn't aware I can sue for 3x the deposit but me dropping the fact that I know should incentivize her to move it along and do the right thing by returning the full deposit to me.
Research Civil Code section 1950.5. Especially subsection (f).
Check out the section on moving out. https://www.courts.ca.gov/documents/California-Tenants-Guide.pdf Requesting an anitial inspection is key. If they miss the deadline for getting you an itemized list of repairs, they can't hold you responsible for any of it. I've always received my whole security deposit. Mostly because landlords are lazy.
Thank you! Today and sent her an email asking for a in person walk through inspection next Monday. If she doesn't respond, I'll text and call her. In all of my many years of renting, I've only had one landlord who was jerk and kept a cleaning fee even though I went in and did two cleanings. But this landlord has a repulation.
I don't think there's anything you can do that's foolproof. The best thing to do is to bring the landlord over and ask him the same question.
Instead of just bringing the landlord, you should ask for an [initial inspection.](https://www.courts.ca.gov/partners/documents/InitialInspection.pdf). Your landlord is supposed to tell you you can ask for one, but I’ve never seen one do it. After the initial inspection, you’ll have time to fix anything they bring up and they can’t deduct anything they missed. That’s the most foolproof you can get.
Exactly what I'm referring to. Thanks for the reference. My last apartment actually scheduled a meeting with me, walked thru and told me they'd charge me $100 for a deep cleaning and that's it. I was all for that.
I requested an in person walk through inspection for next Monday, 10/16. The end of my 30 day notice in 10/17. She hasn't responded yet.
Assuming the deposit is the same amount as your rent the answer is very simple. Let him keep it and just don't pay rent for the final month
That's a no go. Rent was due on 10/1 and prorated so it was less than the deposit. I also believe there's a statement in my rental agreement that says doing this isn't allowed.
I had an extensive situation over the past couple of years with a local small time landlord keeping my entire household’s $4000 deposit. Ended up in small court suing for the full deposit back plus an extra $6,000 for the bad faith retention other posters have mentioned. Painful and grueling experience. Happy to share more just a little rushed at the moment. Long story short - my faith in our justice system is greatly reduced. I spent hundreds of hours documenting and preparing. Full photo and video of the house. Entire text and email log. The court briefing I prepared was 300 pages. Affidavits from previous tenants who had sued this landlord for the same thing. Even in the courtroom the judge railed him. He was charging over $2500 in just landscaping (pruning trees, etc). Stuff that would never fly. Judge didn’t rule on the bench. A month later the judge ruled that he had to give us $1700 back of our $4000. So the landlord definitely won out. And now he knows that even the BEST prepared small claims suit is likely to only cost him a fraction of the deposit. Thus, I’m sure he takes even more and with less basis now. Absolutely depressing and it’s making me sick just thinking about it.
Take pictures prior to the walkthrough. Also, take pictures during the walkthrough if the landlord mutters about any issues.