My landlord and I did not end on good terms. He first accused me of not giving him the last month's rent AFTER I gave him my notice, which I had to prove with bank documents AFTER he demanded to enter my premises (which I later found out was illegal) and threatened me. I kind of threatened him with litigation and he seemed to back off.
Today, I got my security deposit. Minus a thousand dollars. He put an itemized deduction list of repairs - including cleaning the unit (which I have time stamped photos of), repairing things already broken (a garbage disposal installed in the 60s, old screen door) and FIVE HOURS to remove garbage. Needless to say, I actually put all the garbage in trash recepticles or stacked in an organized fashion OUTSIDE the premises. I did put a desk out to the curb for pick-up, but that person never came and he took a sledge hammer to it. Neighbor friend that still is there said all in all, it took him maybe 30 or 40 minutes.
I think he believes because I'm a twenty-something male and 3,000 miles away, I'll let him bend me over. So I am sending him this letter:
Mr. XXXX XXXXXXXX,
I received an improper amount of my security deposit and have under good authority that I was inappropriately charged for deductions on an incomplete itemized deduction list.
I have included a copy of Civil Code Section 1950.5 below, which states I must receive contact information for all parties responsible (unless it is just the landlord) and receipts for all materials and repairs. For instance, I have under good authority that it did not take any contractor five hours to dispose of any waste left outside the premises and furthermore, it lacks any receipt from Waste Management. As for the actual premises, I have retained time stamped pictures of the unit, along with third-party testimony of the cleanliness of the unit and a written statement of your initial walkthrough of the unit, prior to my departure, for legal purposes. Painting the unit or filling holes are not valid deductions. Receipts for any screen door or window replacements must be included, as both were in such condition prior to my move-in date of January.
You also are in violation Civil Code Section 1954, when you illegally demanded to enter the premises in a non-emergency capacity and without advance notice on Wednesday, July 9th and threatened my credit afterwards in a near physical confrontation. Afterwards, you put up a written notice to surrender the premises under false pretenses and failed to recognize them after several phone calls. Any landlord may not abuse the right of access or use it to harass the tenant under California tenant law. I have retained written statements, documentation, phone logs and the names of people present on the premises during the altercation for any legal purposes. Anyone who violates this civil code can be sued for up $7,500 in small claims court.
By California state law, you must provide detailed documentation for all repairs and services within fourteen calendar days after the tenant receives an itemized deduction list. Failure to send detailed documentation or the additional deposit can result in being sued for twice the amount of the initial security deposit under "bad faith" retention in small claims court.
Sincerely,
Will Federman
Cc: XXXXXXXXXXXXX
