$900 got taken out of my Security Deposit

Hi All,

I am new to this forum but from looking at the posts I can tell there's a bunch of people out there who are on this forum and I'm hoping somebody can help me out.

Basically I lived in an apartment with three other guys in Santa Monica for about a year. Our security deposit was $2750 (one month's rent) and we got $900 taken away from it when we were returned our security deposit.

120 - carpet cleaning
170 - general apartment cleaning + bathroom cleaning
610 - about 2/3 of a $950 painting job for the entire unit (they paid 1/3 of it)

We definitely did not leave the place in poor condition. In fact we even had the bathrooms and kitchen professionally cleaned for $140 in hopes of not getting a huge deduction off our security deposit. Yea we had a couple of holes in the walls from hanging stuff and spots in the carpet and some scratches on the wall. and maybe some other minor mishaps but nothing we felt it took $900 to restore.

I've done a bunch of research already and have found that landlords cannot make tenants pay for damages "beyond normal wear and tear". And from looking at my contract the only thing I could find that pertained to this case was "Upon termination or expiration of tenancy, Renter shall return the Premises to Owner in as good order, condition and repair as when received, ordinary wear and tear excepted...Trash and debris, burn stains, holes or tears, of any size or kind, in the carpeting, draperies, walls, windows or doors, among other conditions, shall not be deemed ordinary wear and tear."

I can understand carpet cleaning...that's fine and even some of the general apartment cleaning. (even though we took pics of the place and it looked pretty good) But $610 for a $900 painting job for an entire unit? I feel this part was very excessive.

Anyhow I am wondering if anybody has had any experience with this sort of thing. Or if anyone thinks I actually have a case and if so, how I should go about trying to get some money back.

Thanks a lot,
Eric

[sandyclaus]

Originally Posted by Unregistered Hi All, I am new to this forum but from looking at the posts I can tell there's a bunch of people out there who are on this forum and I'm hoping somebody can help me out. Basically I lived in an apartment with three other guys in Santa Monica for about a year. Our security deposit was $2750 (one month's rent) and we got $900 taken away from it when we were returned our security deposit. 120 - carpet cleaning 170 - general apartment cleaning + bathroom cleaning 610 - about 2/3 of a $950 painting job for the entire unit (they paid 1/3 of it) We definitely did not leave the place in poor condition. In fact we even had the bathrooms and kitchen professionally cleaned for $140 in hopes of not getting a huge deduction off our security deposit. Yea we had a couple of holes in the walls from hanging stuff and spots in the carpet and some scratches on the wall. and maybe some other minor mishaps but nothing we felt it took $900 to restore. I've done a bunch of research already and have found that landlords cannot make tenants pay for damages "beyond normal wear and tear". And from looking at my contract the only thing I could find that pertained to this case was "Upon termination or expiration of tenancy, Renter shall return the Premises to Owner in as good order, condition and repair as when received, ordinary wear and tear excepted...Trash and debris, burn stains, holes or tears, of any size or kind, in the carpeting, draperies, walls, windows or doors, among other conditions, shall not be deemed ordinary wear and tear." I can understand carpet cleaning...that's fine and even some of the general apartment cleaning. (even though we took pics of the place and it looked pretty good) But $610 for a $900 painting job for an entire unit? I feel this part was very excessive. Anyhow I am wondering if anybody has had any experience with this sort of thing. Or if anyone thinks I actually have a case and if so, how I should go about trying to get some money back. Thanks a lot, Eric

Regarding the painting, wall paint has what is considered to be a useful life of anywhere between 3-5 years. That is, once painted, as long as they are kept clean and not scratched up/damaged, the paint job should last 3-5 years before they have to do it again.

When was the apartment painted last? Does the management have a policy of painting the unit prior to every new tenancy? These questions will help to determine just how much of that re-painting bill you should be held responsible for. If its painted every 3 years, and it was last painted 2 years before you took possession, then it makes sense to charge you the 2/3 cost to repaint. The exception is if the walls were damaged to the point where it required repainting before they could re-rent the unit, and then you could be held liable for the full charge (due to your causing the damages).

Google the CA Dept of Consumer Affairs Landlord Tenant Handbook to look up guidelines on security deposits and proper deductions.