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Nsain_1999, Renter in Campbell, CA

I lived in a studio for 9 years and just moved.... 2/3rd of my deposit was not given back. we go to court in may and I want to know what are the

Asked by Nsain_1999, Campbell, CA Tue Apr 27, 2010

escrow rate for my $455.00 deposit

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7
The thing that will help you most is being able to prove that the apartment is returned in the same condition is was when you rented it.
0 votes Thank Flag Link Thu Apr 29, 2010
Perry is 100% wrong and surely doesn't know what he is talking about.

You should be able to get most of your money back. Landlord can take only the money needed to clean up things minus normal wear and tear. It's obvious that 9 years of rental means LOTS of wear and tear. And, so you should make a case of getting ALL of your money back.
See page 53 on http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

Rick is right that this is not a big amount of money. However, if I were you, I would still go to court as a matter of principle. Note that your landlord cannot bring retroactive cases back now.

File a small court claim and good luck!
0 votes Thank Flag Link Thu Apr 29, 2010
Hi Nsain

After 9 years clearly carpet cleaning, replacement and hardwood floors refurbising or painting exceeds
the deposit.

You are likely wasting your time. There are free Legal services you can avail yourself to through the county.

Good luck though.
Perry
Web Reference: http://www.ruthandperry.com
0 votes Thank Flag Link Thu Apr 29, 2010
Hi Nsain, Here's another link that may be of help and you may also want to consult a real estate attorney who will need to interpret your lease or rental agreement.

http://www.nolo.com/legal-encyclopedia/landlords/
0 votes Thank Flag Link Tue Apr 27, 2010
So you got $152 of your $455 deposit back after 9 years. There are many questions unanswered. Were you ever, in those 9 years, late on rent? There may be a clause in your lease that there is a fee which, if not paid up front, is deducted from your deposit. Did you have a pet, even for a short period of time, without proper notice to your landlord? Ding. Ever have a complaint against you? Ding. Ever add a roommate without notice? Ding. LOTS of things can reduce your deposit. Closely review your lease before you get to court. Also, ask yourself; what's my time worth? You're investing many hours in a $304 problem. Even if you're only worth, in your opinion, $15 per hour, you can only put 20 hours into this before it's COSTING you more than it's worth to pursue. My 2 cents.
0 votes Thank Flag Link Tue Apr 27, 2010
Web Reference: http://www.terrivellios.com
0 votes Thank Flag Link Tue Apr 27, 2010
Your landlord is to provide to you an itemized statement as to what what deducted. There is information on line for California Rental laws.

http://www.dca.ca.gov/publications/landlordbook/index.shtml
Web Reference: http://www.terrivellios.com
0 votes Thank Flag Link Tue Apr 27, 2010
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