Lanlord / Tenant Law is not one of my general exercise areas, but like all lawyers, there are friends who frequently seek advice on the legal issues they face. A friend recently asked for my help for the fee taken out of the rental deposit she felt unfairly, corresponding to her previous landlord.
As landlord / tenant issues are one of the most common legal issues I receive from my friends, I would like to discuss the rights and responsibilities for this postal guarantee deposit. Finally, include a sample letter that you can send to your landlord for the return of your deposit.
All information on this post is specific to California State law. Your state or law of law may vary. Many states are offering lessor handbooks, including important laws, or call attorneys authorized in your jurisdiction to seek support.
- LJ
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The most common dispute between the landlord and the tenant is the return of the deposit. The deposit is the money paid before the tenant leases to protect the landlord against the damage that may occur in the property while the tenant is living. Section 1950.5 of the California state citizen code addresses the guarantee deposits and tenant's rights on returning deposits.
Security Deposit
The maximum deposit that a landlord may charge is the rent for 2 months if the unit is unpaid and 3 months for 3 months. Rent for furnished units. That's the only deposit - security deposit for unit security. It is not a fee or the rent last month.
As you move out of the unit, you can look up the unit with the landlord. Always ask for one . If you do not agree with such an assertion, pedestrians have the opportunity to challenge damages or depreciation claims claimed by your landlord. There are also opportunities to fix the problem.
If damage to the unit actually occurs, the landlord will subtract the cleaning and repair costs from the deposit and return the unused portion of the deposit. The landlord can not charge customers due to normal wear and scratches for normal cleaning and repair. For example, carpet tires from normal foot traffic over time. If not, we do not need to replace them. Carpet lifetime is usually 5 to 10 years, 7 years is the most common expectation. Your landlord can not deduct the cost of normal wear from your deposit. But if you invite 300 best friend of mine to walk around in muddy shoes and your original white primitive carpet turns black, your landlord will charge for cleaning or carpet depreciation can.
Your territory must contain repair item list and repair costs when returning deposit. For repair by a third party (cleaning company, painter, contractor etc.), a copy of the invoice must be included. Landlords need to include descriptions taken for repairs made by landlorders or their staff, total expenses, cost per hour and hours. All fees must be reasonable.
Depreciation cost
Landlords can also deduct depreciation expenses from tenant's deposits. Depreciation is a decline in value due to use. Although most items are depreciated by applying a specific average life expectancy, the use of large amounts may shorten their useful life. Examples of depreciable rental units include carpets, tiles or other floors, cabinets, electrical appliances, doors and the like. Let's consider an example of a dishwasher.
Terry Tenant used a dishwasher in a rental unit in various ways not intended, such as thorough cleaning through the cycle of "car and pot" on the engine of the car. Oils, grease and soil residue, and heavy engines caused irreversible damage to the dishwasher. When Terry Tenant moves, Larry Land Road knows that it is necessary to purchase a new dishwasher to rent units. Although he would like to claim Terry because he needs to replace the dishwasher, it is not fair to charge the entire cost to Terry, as future tenants will benefit from the new dishwasher, the former tenants are old dishwashers Machine was used. Therefore, depreciation expenses are calculated using the average remaining life, useful life and cost, and Terry will bear only this cost.
The dishwasher's IRS depreciation plan is five years. Two years have passed since Mr. Terry joined the company, so it is necessary to change the dishwasher at the age of 3, but it should be used for more than 5 years. Therefore, the dishwasher should have been renting for more than two years (5-3 years), but it is necessary to exchange it for the use of Terry. Terry is responsible only for the lost lifespan of the dishwasher, or 2/5 of the cost. If the dishwasher's price is $ 1,000.00, Terry is responsible for $ 400.00 (2/5 x $ 1,000.00).
What should you do?
If you decide that your landowner has been charged for a certain repair cost or if you withhold a portion (or the full amount) of the deposit without just cause, we will first give you a letter explaining the unreasonable reason and the reason It is necessary to submit it to the landlord. You can have the landlord talk about the problem on the phone, but please also send a letter to the post requiring a return receipt. Please respect and respect the letter. Please refer to the following sample letter.
If your landlord refuses or refuses to repay your deposit, you may wish to file a lawsuit in the California Small Court seeking refund of deposits, court costs, and perhaps a fine. If you believe that your landlord is maliciously acting on refusing to return your deposit, California State law allows you to collect twice the amount of the guarantee. As with legal matters, if you have questions or concerns, please contact a knowledgeable lawyer.
However, before filing a lawsuit in a small court it is necessary to suspend and analyze the landlord's claim for damages. Did you release the unit in the same condition as when you moved? Are you sure that the unit does not need additional cleaning, painting, woodworking etc? Occasional complaints are not realistic about the state of the unit and will eventually lose money going to court.
Real-world applications
The following is a sample letter requesting the return of some of the deposits pending for carpet repair. Please be aware that the information in this letter is only an example of a specific situation. Please be sure to fill out the facts related to your situation in the letter you sent.
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Date
Requested receipt confirmation mail - sent via return receipt
Larry Land Road
Rental Property
123 Main street
Anytown, USA
Re: Return of deposit
Dear Mr. Landlord:
In connection with my lease of real estate at _______ I received a check of $ 30,000 ($ 350.00) check that you sent to me to return the deposit. [your address] __________________________________ (hereinafter referred to as "property"). I will dispute the checkout report and invoice ("Checkout Report") included in the deposit return.
As you know, we do a residential lease ("lease"), ______ [beginning date] _____________ and Termination _ [end date] _____________. In accordance with paragraph 4 of the lease, I agreed to pay a deposit of $ 850.00 (US $ 850.00) and made payment on the day of the lease run. Depending on the terms of the lease agreement, the deposit was returned to me within 21 days of removing the real estate and was not refunded or refunded. I left the property of _______________ and completed thorough cleaning of my property before departing. There was no damage to the property beyond normal wear and scratches.
The checkout report you sent showed the total amount of damage, cleaning and repair collected at the $ 500 ($ 500.00) deducted from the deposit. However, the charges listed in the checkout report are unfair and unreasonable and should never be deducted.
The following fee is included in the checkout report.
Pretreatment and deodorization of carpet before steam cleaning $ 50
Carpet Steam Clean XYZ Carpet Cleaning Invoice $ 150
The laws of California permit the owner to hold a portion of the deposit to restore the award to the same conditions at the beginning of the lease except for normal wear and tears. Cal. Civ. Code § 1950.5 (b). I disable to clean the property carpet on a regular basis [weekly vacuuming, regular steam cleaning, etc.]
I understand that landlords systematically clean apartment carpets before building new rental houses. However, in California law, it is only required to issue the property with the same level of cleanliness as at the time of moving in. The repair required at that time is due to normal wear and will not be withdrawn from the deposit. Cal. Civ. Code § 1950.5 (b).
In addition, the checkout report included a charge of $ 300 ($ 300.00) against "carpet depreciation". As mentioned in the paragraph above, the carpet was cleaned regularly and never damaged. [If you took photographs or have other evidence of the state of the carpets, mention it here]. There is nothing to show that depreciation exceeds the value loss due to normal wear and loss of carpet life expectancy. In addition, the checkout report did not include the formula used to calculate depreciation expenses. Carpet depreciation expenses must be calculated using repair costs, carpet lifetime and rental period. In order to justify depreciation expenses, we need to provide such information, including depreciation schedule of IRS.
In addition, carpet cleaning and carpet depreciation are contradictory and can not be reconciled. If the landlord can not do normal wear and cleaning before the new lessor collects the prize, the fee imposed to clean the property carpet is that the carpet is damaged beyond normal wear Through possible cleaning. However, carpet depreciation claims have been dealt with by lowering the carpet's value, causing carpet damage that could not be solved by carpet cleaning. In addition, there is no reason for carpet cleaning and carpet depreciation. It is in the same state as when I moved in.
I believe that it is in both of our interests to successfully solve this, but I am ready to pursue this problem [in mediation in accordance with the Lease, and] In small court court, as necessary. Please be aware that unlawful expense by the landlord as included in the checkout report is deemed to be fraudulent and there is a possibility that it will be twice as fine as the deposit and an inappropriately refunded amount. Cal. Civ. Code § 1950.5 (l). In addition, the law of California allows the award of attorney fees when this issue is filed in court.
Because I am attributed to normal wear and tear and are irrational under California law, we will dispute all expenses included in our research report. I require you to notify me of an unjustly held deposit, return $ 5 ($ 500.00) within $ 10 to the address below. If I do not receive your reply within this time frame, I will have to take further action.
I reserve all the rights and remedies available to me that are not explicitly stated here.
Very truly yours,
Terry Tenant
Disclaimer: This post is for informational purposes only and should not be interpreted as legal advice. Your comments are welcomed up to legaljunck@gmail.com, please contact me or comment below. And / or reading this article does not create a lawyer / customer relationship. If you need legal assistance, please contact an attorney who was authorized to enforce legal laws.
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