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Landlord holding deposit, fight or pay?

Dubbington

Slamdunk Champion
Joined
Jul 15, 2007
Location
East Yay
Moto(s)
EX Street Triple ;(
Name
Dubs
I want to get BARFs advice on if this landlord situation is worth battling or not.

Cliff notes - landlord withholding our security deposit and overpaymet and wants to charge us for a cleaning fee and partial lawncare. Lawncare is NOT in the lease as a tenant responsibility, they also were paying a gardener. All of this well passed the time frame California stipulates a landlord must return funds back (21 days). $300 for cleaning and $300 for lawncare she wants to take. We moved out August 8th.

Worth fighting for with possible end result mediation and small claims? I have no clue the cost for those but believe it's low or nearly free.

We rented a home in Danville/San Ramon for 6 years. Initially signed up via the husband who was the point person, nice, accommodating. Start of year 3 the wife took over and was more business/bottom line oriented and not personable. She raised the rent twice, maybe 3 times. Never had any issues really. We got approval to add an electronic front door lock from the husband, he responded quickly to some repairs that needed. Some fixes I did - replaced dishwasher and range hood with my own $$, cheap fixes and didn't want to hassle them. Got them a huge savings on a replacement fridge and roof repair due to my/family connections.

Moving out timeline - we notified them well advance of moving out. Wife and real estate agent did a walkthrough July sometime. Both told us DO NOT do a move out cleaning as they plan to paint the interior of the home. Told us to leave the electronic lock, wifi thermostat too. Wife saw the rear lawn and thought it was dead (it was dormant and in all day sun) and said to keep up the watering, hoping it got "really green" before they list it to rent. We had mover come August 1st and get most 85% of the stuff. Leaving fridge, bathroom, some closet stuff, not an issue as we still had a week left on the lease. Agent and wife had painters show up and get started August 2nd. Wife never did a walktrough check out.

We move out. Living in concord now. Wife texts us August 20th a list of things/issues. One being the garage door button does not open the small single garge door - IT HAS NOT MOTOR, it's a MANUAL door. Also, wants to charge us to change the lock now, charge us $800 for lawn, a missing fireplace key, bunch of crap. I was hot and sent some texts. Landlord husband & wife, me and my wife are on these texts. Landlord husband is radio silent. LL Wife saying we purposfully turned water off to kill the lawn despite front grass green as can be. We agree to do an official walkthrogh and discsusion last week. I bring a new door lock and $5 fireplace key. She said it was going to be $150 to change the front deadbolt, I grab my bucket of tools and change in 5 minutes as they all stood and watched. We showed her the fireplace key fits, garage button battery is dead and they one door is manual. Hour later we leave with LL wife saying she will get estimates on the grass and cleaning and let us know.

Text yesterday was a breakdown of her wanting to take $300 from our deposit for a cleaning person and $300 for lawncare. Some landscaper said it would be $800 to fix the rear grass so she's groveling and wanting us to pay $300 of that.

Our lease ended August 8th. We left the front door key with the agent August 2nd and LL wife knew this. California stipulates 21 days from end of lease or when keys are returned. They are also supposed to notify of with itimezed list of repairs and cost to fix in 21 days. Basically giving us an attempt to remedy, not a shake down, as that's what this feels like.

I can probably add more but wondering what BARFers would do? I think we are on the hook for $0 ---- but I can accept the $300 cleaning fee. The lawncare is garbage and LL wife is being petty and closeminded. Worth paying and move on or fight?

If it's considered bad faith on their part we can get double our security deposit back.
 
The lawncare thing does suck, but I don't think it is worth fighting for unless your time is worth $5 an hour.
 
I'd go to small claims because fuck their greedy asses. Other than filing small claims only costs time, and it's possible the landlord will relent once served. If you do go to court they'll likely try to find a middle ground so you may not get it all unless the landlord is really in the wrong.

Cali law is on your side though, so maybe consult a tenants lawyer (not sure about Danville, but it's free in SF) and see if you can nail them to the wall for b.s.
 
I don't think they can charge you a cleaning fee after 6 years of tenancy. I believe that There are wear and tear items that they cannot charge for over a year lease, carpets, paint, cleaning, etc are expected after over a year of tenancy.
 
This is the kind of shit that AI is actually useful for

No, California landlords cannot charge an automatic or non-refundable cleaning fee at the start or end of a lease over a year, but they can deduct actual, necessary cleaning costs from your security deposit if you leave the unit dirtier than it was when you moved in. [1, 2, 3, 4]
Up-Front Cleaning Fees Are Prohibited

• No non-refundable fees: Under California law, any money collected at the start of a tenancy (except rent) is treated as part of the security deposit.
• Labels do not matter: Calling a charge a "move-out fee," "turnover fee," or "non-refundable cleaning fee" in a lease over a year long violates state law.
• One-month cap: Security deposits in California are capped at a maximum of one month's rent, which includes any money designated for cleaning. [5]

When Cleaning Deductions Are Allowed at Move-Out

• Restore, do not improve: Landlords can only deduct costs to return the unit to the exact level of cleanliness it had on day one.
• No routine turnover cleaning: Landlords cannot charge you to deep-clean carpets, wash walls, or scrub appliances just because a one-year or multi-year lease has ended, unless you caused specific dirt or damage.
• Permissible deductions: Deductions are valid for heavy grease, trash left behind, pet waste, or extreme dirt that goes far beyond normal daily use.
• Proof required: Landlords must provide receipts, invoices, or a detailed breakdown of the actual cleaning costs within 21 days of you moving out.
• Read a guide on security deposit rules at DepositHawk.
• Review legal updates from the California Apartment Association regarding return conditions. [9]
 
the lawn thing is a money grab. of course you took the utilities out of your name upon move out, including water. if they didn't turn it back on and killed the lawn it's on them. i'd fight that

cleaning fee is likewise BS and as mentioned above may be illegal. it was rented for 6 years there are costs associated with turning over a rental and cleaning it before the next tenant moves in is one of them
 
I've been both a renter and a land lord. I totally get both sides.

As a new land lord I balked every time I got a call about something that I thought was due to the tenant mis-using something. I was so defensive that when their fridge quit working I wanted to make them pay it. That was until I called the Rent Board in SF and was informed that if we moved in and there was a working fridge then it was on the land lord to replace it. They thought I was the renter and suggested I stop paying rent until it was fixed. I replaced it right away.

I guess what I'm getting at is they might not know what the actual rules are and maybe this is their only rental unit (old family member house?) and when faced with getting it prepped for the next renter they were shocked by the costs and truly feel that the former tenant bears some financial responsibility (due to their own ignorance) - In this case they might leave you alone and give your deposit back if you show them the rules.

Just giving everyone the benefit of the doubt, but if they are really just A-Holes then fuck'em and take them to small claims court. Get double the deposit back and buy a new bike!

I never ever want to be a land lord again..
 
principality.jpg
 
Not saying this applies to your case, but I love landlords who try to charge cleaning fees even when they were planning on replacing the carpet, paint and major appliances anyway
 
If your former landlord did not send you an itemized statement with the charges and or deposit refund within 21 days of you handing over possession to them then they are SOL as far as being able to charge you anything
Yea but the problem is they want get money back....

I would have a separate polite discussion with the husband alone. On legalities and how you did them a solid all those times before and when they brought up a list of issues you have fixed all of that... be like, I dont want to waste my time and yours in court over $600 but I will drive your wife insane if it comes to it.

Final Offer:
Tell the hubby you will accept $600 cash from him and will let his wife refund you $600 less for the security deposit.
 
One of my biggest regrets from my renting years was being too busy to fight a greed landlord who kept my whole security deposit with total BS claims.
To this day I wish I had hammered her greedy ass in small claims court to keep her from doing it to others.

She replaced all of the carpets that were shitty when I moved in 7 years earlier on my dime. She kept her daughter in Albany school while living in El Cerrito with my help sending her the email for her that kept coming in. No fucking gratitude in her greedy, selfish ass.

Hate greedy people.
 
Ahhh jeez dubs in that other thread talkin shit about california landlord laws and here he is talking out the other side of his mouth boo hoo poor me the little renter against the big bad landlord lol ya friggin chooooode. :laughing

 
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Ahhh jeez dubs in that other thread talkin shit about california landlord laws and here he is talking out the other side of his mouth boo hoo poor me the little renter against the big bad landlord lol ya friggin chooooode. :laughing

For clarity:

Chode (also spelled choad) is a vulgar slang term with three main meanings: a short and unusually thick penis, the perineum (or taint), and a derogatory insult for an annoying or foolish person.
 
I (we) own two San Jose condominiums, live in one, rent the other to my son for a paltry sum. These places rent for $3,400.00, and that's as far as this conversation goes. If he decides to move, I really don't know if I would rent it out for market value (rip-off sum) or sell it. I don't want to be a landlord really, and don't need the money. I do have an ex-neighbour (family) who just moved away that I would rent it to for my cost. Roughly $1,200.00 (Hoa plus property tax, insurance). The rental market is just stupid.
 
For clarity:

Chode (also spelled choad) is a vulgar slang term with three main meanings: a short and unusually thick penis, the perineum (or taint), and a derogatory insult for an annoying or foolish person.
i’m gonna have to ask my BIL about that one. he’s a master at obscure insults. half the time it sounds like shit that hasn’t been said since medieval times. unloads with a string of them (at random strangers being oblivious or rude in public). most often, i’m like wtf did you just say?!?!
 
Ahhh jeez dubs in that other thread talkin shit about california landlord laws and here he is talking out the other side of his mouth boo hoo poor me the little renter against the big bad landlord lol ya friggin chooooode. :laughing

I'm flattered I've been on your mind that long. However, much much different context.
 
I believe the 3X damages still exists in CA for landlord deposit fraud/ missing time limit. Yes, small claims if you believe LL is screwed up (legally).
 
I call BS on the lawn being "dormant" in July-August. If you were unwilling to pay for water on the lawn you didn't use, that's a choice. But bringing it back to life before moving out would indemnify you against this part of the claim. Was the lawn green when you got there? The LL might understandably feel let down when the drivebys (and otherwise stellar tenant behavior) showed a green front lawn while returning to dust out back.

There's no way this is worth your time or energy. Work on a project that nourishes you or your family. Glad you could vent, now move on for your sake.
 
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