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Landlord's response to demand letter for security deposit refund
Anonymous2 views2 answers
When I gave my move-out notice to my landlord, I requested a pre-move-out inspection in writing. He did not respond. When I returned the key, we did a short walk-through together, and he verbally advised me he noticed only normal wear and tear. He did not use a checksheet, but I documented the conversation in a letter several days later. He withheld $665 of my security deposit for repainting, deep carpet cleaning, and kitchen cleaning. I wrote a demand letter requesting the full security deposit back, and he has verbally offered to split the difference and return $330. I understand that under California law he cannot charge me for repainting because of normal wear and tear (not damage). What are my rights, and is it worth suing in small claims court for the remaining $335?
You don't say how long you lived there, how old the paint and carpet were, how clean you left it, if you have video or photos of the condition of the premises, etc., but it sounds like your landlord is trying to get away with some money that's rightfully yours, and your letters requesting an inspection and documenting the walk through will help if you pursue this. Whether pursuing it is "worth it," only you can decide.
CA law on security deposit refunds is linked below, with references ot the Civil Code statutes.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
in California, the purpose of the final walk through is to allow the tenant an opportunity to do the repairs or cleaning that landlord contends is tenant's responsibility and avoid deductions against the security deposit. Landlord can't go back and claim deductions if he confirms none were required because he noticed only normal wear and tear unless the conditions that later require repairs or cleaning were not visible due to the presence of tenant's belongings.
You should be entitled to a full refund of your security deposit.
