Landlord insists I won't get my security back. What to do?

My friend is having some problems with her landlord and she doesn't know what to do. :crying: She is about to move out of her apartment after over 3 years, and her landlord has told her that she has no chance of getting her full security deposit back.

She will be returning the apartment in pristine condition. The only thing they may be able to comment on is the carpet, which was new when she moved in. Now that it is 3 years later, it has some small signs of wear.

The manager was actually taunting her saying that no matter what she did, she wouldn't get everything back. She is located in the City of Los Angeles, by the beach.

This seems to be completely wrong.

Does anyone know what the laws are? What can she do to stop this landlord? Any help would be great. Thank you.

Edited: 06/26/2010 at 03:20AM

Minna Reid

Real Estate Broker · Southington, Connecticut

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Jan 25 '07, 06:59 PM

Maybe theres something more to this story...Does she owe back rent? Late fees? Maybe there was some other damage to the unit?

Edited: 06/26/2010 at 03:20AM

Calvin Neely

· Georgia

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Jan 25 '07, 07:55 PM

Depending on how her contract is worded the landlord can probably find " something" to charge her for after 3 years that would not be considered normal wear and tear. Carpet cleaning is usually a common thing. Does she have a move in checklist that she and the owner went through when she moved in, noting all dings in the walls, stains on carpet, etc? Have her look through her contract and what it says specifically about the deposit and getting it refunded. Maybe that will clear it up. Best of luck.

Edited: 06/26/2010 at 03:20AM

Jim Francis

Real Estate Investor · Alabama

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Jan 25 '07, 10:23 PM

Originally posted by "Minna"

Maybe theres something more to this story...Does she owe back rent? Late fees? Maybe there was some other damage to the unit?

There is nothing more to the story. Actually the property manager was friendly to her for the past 3 years. When she sent her letter saying she is going to be moving, and expects to get back her security deposit in full, the manager turned. She has kept the place in immaculate condition.

There was a cleaning checklist that she told me about, but she will be hiring a cleaner to help get the windows and everything else shiny before the handover.

Any other ideas???

Is this manager just being a jerk? Is there anything she can do to protect herself?

Edited: 06/26/2010 at 03:20AM

Minna Reid

Real Estate Broker · Southington, Connecticut

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Jan 25 '07, 11:00 PM

Is she out of lease ? Has she given proper notice according to the terms of the lease and your state laws? If so, and the manager is really just being a jerk, I would suggest carefully documenting the state of the unit at move out. Take pictures. Do a walk through with the property manager. Make sure he has a forwarding address. In CT I have 30 days to get a tenant moving out what remains of their security deposit (with applicable interest) and I need to provide an itemization of any deductions . A property manager cannot just " keep" the security deposit for no reason. It's illegal, and they can be sued.

Edited: 06/26/2010 at 03:20AM

N/A N/A

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Feb 02 '07, 12:45 AM

Usually a security/damage deposit is 1 month's rent. Any landlord in the past who struck me as a shyster type simply didn't get his last month's rent. I told him to keep the security deposit as the last month's rent. Of course I never did any damage to any of these units. No landlord ever chased me.

Edited: 06/26/2010 at 03:21AM

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Feb 11 '07, 10:14 AM

All responses are great and have nothing to add with an exception of one thing:

In the future, do videotaping the premises prior to moving in and just after moving out (before leaving key to the landlord or countertop).

I, as a landlord, videotape everything before tenant moves in (with new tenants on tape) and after they move out.

How everything do I mean? I videotape cabinet doors/drawers opening and closing, toilet flushing, faucets on and off, light switch on/off, doors opening/closing, walls, ceiling, light fixtures, flooring, exteriors, front/back yards, front door, garage, Tenant's automobile(s) including license plates, etc. Seriously!

Debbie

Edited: 06/26/2010 at 03:22AM

Lynn Z

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Mar 03 '07, 01:10 AM

If the terms of the lease are met and the unit is in clean condition the tenant should supply a forwarding address in writing to the landlord. In our state, he has 30 days to give a written accounting of what he deducts. Make sure all utilites are taken care of and that the mail is forwarded to the new address
or held for pick up.

If the accounting isn't reasonable, go to magistrate's court (can do this in my state) and let the judge decide. If you've hired a cleaning service or maid both sides can bring their documentation and let the judge determine if the landlord has had legitimate deductions.

Edited: 06/26/2010 at 03:24AM

Jeff Takle

Real Estate Consultant · Somerville, Massachusetts

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Mar 13 '07, 08:04 PM

You have a couple of good options. The first is to read the CA landlord-tenant law booklet at http://www.dca.ca.gov/legal/landlordbook/catenant.pdf .

The second is to go to the CA Bureau of Consumer Affairs at http://www.dca.ca.gov/index.html

They're there to help.

Edited: 06/26/2010 at 03:25AM

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Afsheen Akbar

· FL

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Jul 05 '07, 01:03 AM

I know this is kinda off topic but kaosproperties how many units do you have? cuz this must be really time consuming to video tape everything. Other than that it sounds like a great idea.
Afsheen

Edited: 06/26/2010 at 03:44AM

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Jul 18 '07, 09:11 AM

Look into taking the landlord to small claims court and make sure to document EVERYTHING. How much is the security deposit? Often times crooked landlords will not give the deposit back, and pocket it because they know people will not go through the trouble to fight it for such a small amount.

Edited: 06/26/2010 at 03:47AM

Shari Posey

Residential Real Estate Agent · Long Beach, California

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Mar 04 '08, 08:30 PM

I have found that some people's meaning of " pristine" means they don't have a problem in living in it, whereas a landlord's meaning of " pristine" means they have to be able to rent it again immediately. I am in this exact problem right now and the tenant truly believes she left it in " pristine" condition even though I spent 4 days cleaning, throwing out trash, painting, etc. after she moved out.

If she hires a professional cleaner and hires a carpet cleaning service she needs to keep the receipts and document by photo as others have suggested.

Edited: 06/26/2010 at 04:48AM

Lynn Z

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Mar 05 '08, 07:35 AM

It takes me several days to really clean an apartment and have the rugs/carpet " professionally" cleaned. Tenants almost never leave enough time to clean. Even the best ones will think they can move out in the morning and the new tenant in the afternoon and landlords will accept this.
You can spell it out in the lease, you can give them a check list, offer to help pay for the maid service in advance, but nothing will deter the tenant from wanting to insist that they have cleaned the apartment or house themselves.

Magistrates won't give a landlord in my state a dime for any cleaning etc. that the landlord does but will accept invoices from maid service, carpet cleaning companies etc. and uphold charges from other services. If you withhold monies without accounting with invoices within 30 days, the landlord can be liable for treble damages.

The last " cleaning" I did involved replacing 6 brand new miniblinds that the tenant's cat destroyed and they had to be cut off because of odd sizes; stove was filthy; refrigerator was filthy; new storm off it's hinges, new carpet not clean; fireplace filled with burnt logs, cat hair and dust everywhere; light bulbs had to be replaced etc. etc. This PHD student didn't understand why her deposit wasn't returned in full.

Do these tenants think a person will move into a dirty house with all of these problems and deserve a full refund of their deposit--Yes.

I would have the tenant communicate with the landlord that she feels she's cleaned the apartment and expects return of the deposit or be told what else needs to be done. Be willing to listen to the landlord when they say " The ceiling fans are dirty" . Go back and work down the punch list.
If unreasonable, just go to magistrate's court.

Edited: 06/26/2010 at 04:49AM

Michael House

· Sunol, CA

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Mar 16 '08, 11:59 AM

i had a landlord like that, ca renters rights have various ways to combat it. My choice was a small claims court appearance

Edited: 06/26/2010 at 04:52AM

Toby Munk

Residential Real Estate Broker · Aspen, CO

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Mar 23 '08, 03:20 AM

Not paying last month's rent is bad advice. I would immediately file for eviction in that case. If there is damage more than wear and tear than you should be liable. If not then the full amount should be returned.

But reverting to not paying rent and having the security deposit as rent is not cool. It can get you in a lot of trouble.

Edited: 06/26/2010 at 04:54AM

Jessica Tam

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Aug 30 '08, 09:42 PM

As a tenant I've always communicated regularly with my landlords, and last time I moved out of rented accommodation I asked the landlord to look around a couple of days before I moved out, so that I knew if I'd missed anything.

That gave me time to scrub the bathroom up better, clean some marks off the walls, etc.

Once, I had damaged a door trying to move some furniture, but I explained the damage to the landlord, and because the rest of the place was immaculate, and I'd been honest, they let me off and said 'We were going to replace the doors anyway'.

I was lucky, and would have been happy to pay.

I hope the OP got their deposit back, or a valid explanation as to why it was withheld!

Edited: 06/26/2010 at 05:48AM