CA Renter Question About Strange Security Deposit Refund

[Ashley Jacobs]

Hey all! I reside in Southern California and could use some advice about my security deposit.

I put down a $2200 security deposit and received my deposit back yesterday. We had resided in the apartment for 5 and a half years. A year and a half into our residency there was a fire caused by one of our neighbors that resulted in a 6 month renovation due to asbestos contamination that included the apartment walls being repainted and our nice carpet being switched out for really cheap, crappy carpet. My concerns are this:

1. I was charged $250 for a complete repaint of the apartment and $140 to get the kitchen cabinets repainted. During the walk through, the landlord said the paint looked great and gave no indication we would be charged for painting. Also, the kitchen cabinets hadn't been painted since 2010, we were told they would be painted after the fire and they never were, so these charges don't seem right.

2. I was charged $155 for a complete clean. During the walk through the landlord said the apartment was clean and never gave any indication it needed additional cleaning. The apartment was cleaner than it was when we moved in both in 2010 and again in 2012 after the fire and I have pictures documenting this.

3. The total charges deducted from our deposit came out to $716, but only the $155, $250, and $140 were accounted for in the itemized statement of charges. This leaves $141 of charges unaccounted for.

4. The landlord said we would be charged for a prorated portion of the carpet since it apparently smelled of dog in spite of the fact that I got it professionally cleaned. This never showed up on the bill (which is great but strange since that was the only charge I was expecting).

Our 30 days notice was up on 12/21 but we handed in our keys on 12/8. We were given a rent credit of $748 for 12/19 through 12/31 which I'm assuming was to cover the 8th through the 21st of rent we paid for while not residing at the apartment. I don't think the unit was occupied during that time BUT the landlord gave 2 tenants 1 month of free rent due to a situation with another tenant that caused me to move out due to safety concerns. Apparently I wasn't supposed to know about this since giving select tenants free rent illegal, so I'm assuming that since I know about this she didn't want me to share it with other tenants and potentially get her in legal trouble and she decided to give me a credit on the days I wasn't there to keep me quiet...? Who knows. It's all weird.

Anyway the total amount I received back was $2232. Since I don't feel the painting and cleaning charges were fair and there's $141 just randomly added on with no rhyme or reason, I'd like to challenge the charges BUT I'm concerned doing this could result in the landlord taking away the rent credit she included in the returned deposit. Is it legal for her to take away the credit she built into the security deposit return? Should I fight the extra charges and try to get $2948 back (original security deposit plus the credit they added on)? Or should I take my $2232 and run?

Thank you for any insights you can provide!