I live in California and have lived in my apt for 13 yrs.?
Question:I just moved and am having a problem getting my security deposit back. I left the apt as clean if not cleaner than when I moved. It is a realty co. and they are charging for light bulbs,carpet cleaning. smoke alarm batteries etc, etc.
Answers:
Those items are covered under normal wear and tear. They are NOT to be replaced with your security deposit. Get a laywer, if necessary. If nothing else, stand your ground and threaten to get one.
"1. California law specifies a procedure that a landlord must use if the landlord keeps any or all of a security deposit.
2. A landlord may use your security deposit for four purposes only:
a. For cleaning the rental unit after the tenant moves out, if the unit was not as clean as when it was rented.
b. For repairs other than normal wear and tear caused by the tenant or the tenant's guests.
c. If the rental agreement allows it, for the cost of restoring or replacing furniture, furnishings, or other items of personal property, exclusive of ordinary wear and tear (including keys ).
d. For unpaid rent.
3. A landlord can withhold from the security deposit only those amounts that are REASONABLY NECESSARY for these purposes. The security deposit cannot be used to clean or repair items damaged only by normal wear and tear, for repairing defects that existed before the tenant moved in, or for cleaning a unit that is as clean as it was when the tenant moved in.
4. Your landlord must, WITHIN TWENTY-ONE DAYS after you move, either send you a full refund of the security deposit, or an itemized statement that lists reasons for and amounts of any deductions from the deposit, with a refund of any amounts not deducted."
The link provides legal procedures to follow to get back your deposit.
When I moved out of my last apartment, they took all of my deposit and wouldn't give it back. I couldn't do anything about it because I didn't have documentation. If you have documentation or proof that you left it in better condition than when you started, then talk to an attorney about suing to get your deposit back.
You have to go to court, don't forget to take pictures.
They can't do that legally. Call Legal Aid & Housing in your area. After 13 years, you may never see a penney of your deposit without fighting them in court. It's the new scam of ripping off the people who need their money the most...the tenants! Normal wear & tear dictates that after 13 years, the carpet would need to be replaced & not just cleaned! If you gave them back a unit with usable carpet, then they should be paying you for taking such good care of their property! Mention that in court. Also, I do believe that MOST counties in California now require that the smoke alarms are hard wired directly into the electrical of the building, like a light fixture would be wired, so those battery models could just be illegal! If you have your original walk through & lease, then they have to honor that & cannot impose a new set of standards on your existing deposit!
you should get your deposite back. if you dont do anything about geting your money back they will keep it and not give it to you so you better let them know that if you dont get you full refund back you WILL go to court to get everything back.
Have to ask...
Did the manager (or whoever) do an exit walk-through with you? Chances are, that if you left it in good condition without doing a walk-through, they'll claim everything they can in spite of what you claim. Did you document the condition of the apt. when you moved in to compare it to the move-out condition? (Did you do that in your new place?)
Ya, those realty guys are nickel and diming you in lieu of making a living with houses that sell.
Most of those sound legitimate. Did you leave a working set of light bulbs in place? A walk-through inspection when you turn in the keys is always a good idea.
13 years of rent down the drain? What a waste. That's gangster dawg.
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