by law.. i believe.. they are only allowed to take money for carpet cleaning and enough for regular wear and tear.. which doesnt include replacing carpets or painting. unless you left big holes in the wall.

they are required to give you back your deposit minus those small expenses in less than 15 days.

landlords who do this assume that people dont know thier rights or wont fight it.

this is kinda goofy, but you can get free legal advice on this..
saturdays and sundays kgo radio AM 810 has a lawyer that gives free advice on the air and occasionally will go out of his way to help callers with legal matters for free.
http://lentillem.com/

i know for a fact that he has answered this particular question before. on more than one occasions.. tha man knows his s***!

 

channel 7 on your side. Ask them for help... it actually works

 

Yep,
Michael Finney is awesome as well!
of course he usually deal with bigger *******s like Bank Of *******s ( america )

 

Cool, thanks for all the input everyone. Ill try to get it taken care of out of court but if she wants a fight shes goin to get one.

 

I think the reason they were evicted was so their kids can move in which is a valid eviction. If the family wants to move into a property they own, they can do that.

 

BofA screwed me over with a credit card. I should call Channel 7

 

BofA screwed me over with the credit card too. Amazing. I am also dealing with that now. You should Call Michael Finney at 7 on your side. My understanding is that he has a good relasionship with BofA and often will call them directly and ask them to either make an exception or to fix an error on thier part.


on another note:

i believe the current law (at least for california) states that if you have lived in your residence less than two years.. the landlord must give you 30 days notice before you are evicted. if you have been there over two years or more, they must give you 60 days.
If you live in san francisco, they cant evict you ever.. unless you dont pay your rent.. and even if you dont.. they have to petition to be allowed to evict you.

crazy san francisco and rent control.

 

Hi,

They cannot deduct the cost of normal wear and tear. Take them to small claims court you will win. I have had to do this twice in my life - I actually had my deposit held at least 6 times, but as soon as they get papers served by the local sheriff, about $15, they usually pay up. The people that didn't pay both got yelled at by the judge about what is normal wear and tear and what isn't.

There is a person to help you file a small claim in the court.

Positive - You will get all or most of your deposit back. The owner will think twice before he does this again.

Negative - Filing is easy, but on your court date, you will waste a whole day waiting for your turn.

NOTE: Small claims court judges are usually just lawyers not real judges. Be respectful and dress smartly.

Good Luck.