My landlord withheld 2350 of security. When challenged with the following letter, she returned about $1700, thus stealing $650 from me, knowing full well it would be not worth my time to pursue this small amount. Her original notes to me are included below.
11/26/04
Attention: Susan Salazar, 4766 Filipo St., San Diego, CA
Re: Attached notice of illegal withholding of security deposit
CC: Better Business Bureau, Help-U-Sell Real Estate, Coldwell Banker, California Department of Consumer Affairs, California Attorney General, Senator Barbara Boxer, Senator Dianne Feinstein, Governor Arnold Schwarzenegger, San Diego Union Tribune, California Association of Realtors, Representative Duncan Hunter, Mayor Art Madrid
If you read the following, you will see that your withholding of my security is in gross violation of California law.
All the details are on the government webpage at http://www.dca.ca. Gov/legal/landlordbook/sec-deposit.htm (see bolded excerpts below)
But most importantly,
"California law specifically allows the landlord to use a tenant's security deposit for four purposes:
For unpaid rent;
For cleaning the rental unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in;
For repair of damages, other than normal wear and tear, caused by the tenant or the tenant's guests; and
If the lease or rental agreement allows it, for the cost of restoring or replacing furniture, furnishings, or other items of personal property (including keys), other than because of normal wear and tear."
There is absolutely no way I damaged your unit such that it required any painting and repairs beyond normal wear and tear.in fact, my impact was minimal. There were also no repairs necessary to either the range, kitchen or bathroom that were not as a result of normal wear and tear and you have failed to document such. Both %, my ex, and a veterinary nurse who came to the house 4 times a week for a year will both testify to your lies about the condition of the unit.
Besides these two, I never even had a single guest who stayed more than a few minutes. My lifestyle at home consists solely of working on the computer and watching TV. You are clearly taking advantage of me and I will use every recourse of the law to recover my money. I seriously doubt you have any proof of such damage and I will dispute any fabricated evidence you produce.
Do not underestimate either my family resources or resolve in this matter. I have lived numerous places in the past and never been charged more than $100 for cleaning. I had expected about $200 to be deducted by you, though even this amount would have been unreasonable and technically illegal. I thus demand the immediate return of $2150 immediately or I will take you to court.
Please note that CA law requires you to provide me invoices, receipts and other documentation to withhold such a large sum of money. You failed to do this. I am serving notice you have 14 days to provide this documentation under CA law.
"The landlord must send the itemized statement, copies of invoices or receipts, and any good faith estimate to you at the address that you provide."
Please also note that CA law requires you to provide a timely detailed explanation of why you made deductions to my security.
"What happens if the landlord doesn't deliver or mail a full refund or the required statement of deductions within 21 days as required by law? According to a California Supreme Court ruling, the landlord loses the right to keep any of the security deposit and must return the entire deposit to you"
You failed to provide me with such documentation in this time frame. Your own email, to which I am replying herein was actually not sent until 11/22,22 days after the lease terminated. It does not contain itemized details of your charges to me. According to the department of consumer affairs an email is not a valid way to make this notification. Thus, in fact, I have received no legal notification at all as of this date.
"Under California law, within 21 calendar days after you move, your landlord must either Mail or personally deliver to you an itemized statement that lists the amounts of any deductions from your security deposit and the reasons for the deductions, together with a refund of any amounts not deducted."
Thus, you have forfeited the entire deposit as a result. Nevertheless I will give you an opportunity to still deduct reasonable expenses if you remit a fair refund immediately.
In a nutshell, your case is flimsy and mine is strong. I plan to sue you for the security deposit in triple, lost wages from work as result of this case and lawyer's fees. You can remit $2150 immediately to the address below or be prepared to incur expenses up to $15,000 by my lawyer's estimates. I will not take any phone calls from you nor have any other communication including any further emails. Either mail me my money or we will have our day in court and the lawyers can fight it out.
On Nov 22, at 3:28 PM, Susan Salazar wrote:
Susan D. Salazar
4766 filipo st.
San diego, ca 92115
619-286-2308
November 21
This letter will serve to notify you of our intent
To impose a claim on your deposit of $2350.
The following expenditures were necessary to repair damages
And clean your leased resisdents at 4445 dale ave.
General cleaning 225.00
Floors, windows, bath, kitchen
Additional Cleaning range/oven 40.00
Repair Oven/parts and labor ($179) N/C
Cleaning of Patio and Garage /[email protected]
Plumbing / Parts and Labor / Bath & Kitchen291.00
Cleaning of all Window Blinds85.00
Garage Door Open ($250 - $350) N/C
Repair & Paint1800.00
Total $2541.00
Balance due Tenant 00.00
Please contact me if you have any questions.
Respectfully,
Susan d. Salazar
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