We were evicted because their kids moved in, the deposit was $2200 and they are saying we trashed the carpet and blinds and we didnt clean the place after we left, which is all lies. I believe she just wants to use our money to fix up the place for their kids. We have always been the best tenants every place we have lived and always got back our full deposit .

 

Small claims court! My parents were able to get most of their deposit back. Have your contract ready. Check what's covered by a security deposit - and your landlord will have to bring all receipts to justify any charges. Also, two years is a long time, so some stuff can be probably written off as wear and tear - landlord cannot expect to get everything back in the same exact shape!

 

Yes, small claims court.

It would be great if you have photos to proof that the apartment was in good condition when you left. Challenge them item by item so that they can justify their $2200 clean-up cost.

Also, there's another law that says that the deposit needs to be refunded within a certain number of days (21 I think). If they didn't do so, you could basically get all your deposit back. Look it up.

I was in an apartment complex and when I left, they were slow to give me the check and when it came, they didn't return my extra deposit for a 2nd garage opener etc and charged me a wrong amount on the final utility bill. I wrote them a letter, told them what they owed me, and quoted them that section of the law, and a check was sent to me immediately.

My suggestion is collect your evidence (photos etc), ask them to justify the clean-up cost (they are required to give you receipts for the work done, like replacing carpet, professional cleaning etc), figure out whether or not they violated the deposit refund deadline etc, then contact them first.

I'm not sure whether they can even charge you for the carpet either. You have been there for 2 years, and carpet is a normal wear and tear item. I usually get free carpet cleaning after living for a year in an apartment. And has never been charged for carpet replacement if I have been there for 2 years. They can only charge you for what you damaged ABOVE normal wear and tear.

If they don't cooperate, THEN go to small claim court. Tell them that you will do so. I'm sure the judge won't like it when they say they did their own cleaning, and it costed them $2200.

There's a lot of info on the web.

 

Did the search for you!

http://www.dca.ca.gov/legal/landlord...ec-deposit.htm

 

Get this book. I've dealt with fussy landlords on several occasions, and this book is by far the best investment I made to fight back.

 

I hope you took photos.

Otherwise you're hosed. You have ZERO proof as to how you left the apartment. But I'm sure they will have reciepts for the new carpet and blinds they bought to "replace" the ones you "trashed"...mean new ones for their kids.

It sucks. These people have tons of ways to screw people over and some of them do it. I've lost quite a bit of money on deposits. I left one place after cleaning the hell out of it...about 30 hours of cleaning.....lost most of the deposit on the carpet...the carpet that got ruined because THEIR plumbing leaked through my damn roof...that's one of the reasons we left...place was built like ****.



anyways..you can try small claims court. Show that they gave the place to their kids. That they had no valid reason to evict you.....show that you paid your rent on time...etc. They have to have a good reason to evict you...how much time did they give you to get out?

I'd make a list...gather as much evidence as you can and a witness or two on the condition of the house when you moved out.

File a claim with small claims court for your COMPLETE deposit and costs of being unjustly evicted.

I'd be willing to bet that you can get your deposit right there. They'll see you're serious on getting your coin back and they'll give you what you deserve. Don't back down.

Pisses me off. My room mate are **** as hell now. We right down EVERYTHING when we move in. Stains in carpet. Loose screws....EVERYTHING.

In my next place I will take photos when I move in and when I move out. I'd recommend you do that in the future.


Good luck.

 

exactly...same with blinds and paint.

If you've been there over 2 years they can't take ****..unless you punched holes in the wall or ripped doors off...etc.

 

Asuming you are in the right and haven't messed it up definitely fight it. Unfortunately enough this is a regular occurance. People hope for idiots or something and think people may not bother with the hassle to fight for it, but it's either going in his pocket or yours.

 

Everything, by law, gets prorated. So if the carpet in there was new when you moved in, and it was expected to last 4 years, then you only pay half (because you used 2 years of it's life.) Same for paint and such. I went through a bunch of this when I moved after college. No court needed, just let the landlord know that you know all the rules (from that link above), and they won't be dumb enough to not give you some of the cash back.

 

It's people like that that give landlords a bad name. My father owns several appartments in Sonoma that I manage. You have to do everything by the book in order to keep the deposit. If the property was really damaged then they would have to have proof of it with pictures. They also need to give you a detailed list of what was repaired and what the actual cost was for the repair. I've had to do this many times. Not for carpet or paint though. Stuff like that is wear and tear and should be changed before any tenant moves in. That is the part that I would call BS. Most of the time, the judge will give carpet a five year life so they might be able to collect a small portion of it if they prove that you wore it out more than 40% of it's value. Again, this is very hard to do. Best bet would be to have pictures of your own at the time of move in and at the time that you moved out. I always recommend that the tennent takes pictures of the place at the time of move in because it makes thing easier for us when they move out.

Bill

 

go back and smash out all the windows and throw stink bombs inside LOL just kidding
yeah I would take it to court but you may need some pictures to prove it wasnt trashed when you left.

 

They can't evict you for that reason. Take pics before you move in mext time so you have documented reference of previous damage.
Did you have a lease?

Your best friend
http://www.dca.ca.gov/legal/landlordbook/

 

21 days is right.