Landlord trying to withhold entire deposit

[Jennifer Jones]

We have just moved out of a property we rented for 3 plus years and our landlord is trying to withhold our entire deposit for charges/ damages he's gathering at almost three times the deposit. Hes trying to charge us for full carpet replacement for issues that were only wear and tear due to age, and excessive cleaning charges and labor costs for things that were dirty or just as dirty as when we moved in. We think he is being very excessive as we left the place cleaner than we received as based on our move in inspection form. He has since paid for and had the place cleaned to a condition better than we received but at an expensive cost. Based on the condition we received the place in Im very doubtful that he would be able to show any receipts for any similar cleaning that was done prior to us moving in as our inspection form shows quite the opposite in regards to cleanliness.

The landlord upon move in never did a walk around inspection with us, he never signed and returned to us the move in inspection form we filled out and sent to him about the condition of the property, and he also never provided us a right to pre inspection form for move out. We have a few pictures of the property condition on move in, during our time there and very little of the move out condition. Where do we stand legally to defend ourselves in small claims in CA court to receive our deposit back? Thanks

[Kathleen Leary]

Just based on what you've said, I feel you have a pretty good legal leg to stand on. Get those move-in photos out! I hope you kept a copy of the walk-through form you provided.

If your landlord didn't do the move-in walk-through (don't know the statues where you are; here, it must be completed within 5 days of legal move-in) or provide paperwork, he/she has no verifiable way to show the condition of the property other than his say-so.

After three years, there will be wear-&-tear expenses that are to be expected. The security deposit is to cover anything over & above that; documentation is essential. 

As noted, say you disagree with the assessment. Have your documentation in order; go to court if you have to. You may find the landlord backs down - if not, you're ready.

Good luck!