Security Deposit Not Returned

[TAS]

My landlord has not returned my security deposit. After providing 30 days notice I moved out of my apartment in Oakland, California. According to California law, a landlord must return the security deposit or provide documentation as to why the deposit was not returned within 21 days.

After four months of attempting to contact my landlord, I was told over the phone that my entire deposit was kept to pay for damage resulting from smoking in the apartment. The landlord paid to have the apartment repainted.

I was provided no documentation concerning these repairs. What I wish to know is whether I have a case against my landlord under these circumstances. I aknowledge that I caused damage from smoking cigarettes in the apartment, but with no receipts or estimates of repair provided, or even a letter letting me know the circumstances of said repairs, is it appropriate for me to pursue legal action? The security deposit was in the amount of $1,500.

You have several causes for a case against your LL. First he did not return the deposit nor an itemized statement to you within the state's guideline of 21 days. Second, he did not provide receipts for repairs done to the unit. Receipts are required in CA if repairs total more than $125. See CA Civil Codes 1950.5 and 1940.5(g).

Additionally, did he offer you a PMI (post move-out inspection)? This offer must be made to you in the weeks prior to your move out. It should have been offered to you shortly after you turned in your notice to vacate. It is required to offer you this inspection. It's purpose is to give you an idea of what deductions he may take (although it is nt a total list of deductions) so you may take steps to remedy those before you leave. It is supposed to afford you an opportunity to mitigate your loss from a deposit by allowing you time to correct problems. Did he offer you one?

Send him a written demand for your entire deposit to be returned to you immediately. Cite the above statute. Cite the statute for the PMI requirement (sorry, I don't have that statute # handy), but you can easily find it. Cite the requirement for receipts if over $125. State that you will go to court if the entire deposit is not returned. He has not followed the law at all. Send this by certified mail, return receipt requested, and keep a copy for yours.

[TAS]

Thank you for the information. I had a walkthrough with the building manager on the very last day of my lease. However, he did request that we conduct the walkthrough a week earlier but I declined because I was still packing and had yet to clean the apartment.

Also, the building manager said that the owner of the building (and the holder of my deposit) would conduct her own inspection after I left to determine any damages. So technically, the official walkthrough was conducted after I vacated the apartment.

I have no idea when this inspection took place. It could have been a day or a month after I left. The apartment had been thoroughly cleaned, the kitchen and oven was scoured, and there was no debris, so the apartment was visually in the same condition as when I moved in. However, she claimed that she smelled smoke when she performed the inspection and thus took actions to remedy the problem. However, as stated, I have no verification of these measures.

I intend to follow your advice and send a letter to the owner asking for my deposit back. Again, thank you for your help.

I have virtually the same issue in Houston.

I am doing the same thing. Let you know how it goes.