Landlord abuse of the security deposit?

[Account Closed]

Hi guys, 

So, I am a recent tenant that moved out of a Los Angeles, CA unit (2737 Francis Ave) owned by LBJ Realty Holdings, LLC and Hollywood Fountain, LLC and am curious if any tenants/ landlords here can explain this away:

So, being a meticulous and obsessive neat freak, I had documented with photos and videos when I had moved in and out of the unit (all original condition, any damages, etc.). I also read the lease 3 times in full detail. 

The lease states that the only cleaning fee would be an $85 charge taken out of my deposit, plus any other painting needs needed (of course, the phrasing was so vague for the latter but I made sure that they were not taking out for "painting" for normal wear-and-tear). I was also only there for 6 months.

When I finally got the deposit that, an extra $40 was taken out for "cleaning" making the total for "cleaning costs" $125. I asked for receipts but so far they have not come forward with them (probably because there may not have been any receipts at all).

Having rented over 5 places in California in my entire life, this is the first time that I did not get my full deposit back to me for a unit that was left in proper and clean condition - supported by my photos and videos, as well as the walk-through inspection where both the property manager and I even confirmed that the condition is good.

So... landlords and/ or current/ past tenants - was I cheated out of my $40 for no reason? This seems unfair that landlords can just take whatever they want from the deposit without justifying it with receipts. LBJ Realty Holdings, LLC and Hollywood Fountain, LLC never produced the receipts to me (the ones they said they had) when I questioned about the additional $40.

Also, to add some context, I am moving back to my home country and I feel like that situation made LBJ Realty Holdings, LLC and Hollywood Fountain, LLC think that they could take advantage of the deposit by absconding with extra cash (thinking that just because I am not in the US any longer, that it won't bother me).

The investing industry is really small - I don't know if they were aware that tenants can also be people of influence, lawyers, doctors, business owners and investors themselves.

[Account Closed]

Anyone managed to resolve a case like this? Landlords just absconded with an extra $40 with no itemized breakdown. Or is this a hopeless case? Am totally down to sue the living daylights out of them for this injustice.

[Dennis M.]

@Vicki Lau

Chill out Vicky ..Geez lady It’s 40 bucks . Is it really worth slandering the company over and dragging their name in the mud before you even hear them out ? No one can answer this . Heres an idea, Maybe you didn’t clean up as good as you thought .

[Kelly DeWinter]

First , Kudos for calling out a property and a company for a small $ amount.

Second , An exit walk-thru should have been signed by both parties at the time of inspection noting any issues or cleanout charges AT THAT TIME.

Third, check the verbiage of the lease,  if you are still unsatisfied, take them to small claims court.

I charge a cleaning fee and painting fee at my discretion.  Every turnover has required some touch up paint, 

Receipts are not required as most property management companies have a handyman to clean and do touch up.

[Account Closed]

@Dennis M. 

I tried to reach out to them for receipts but they refuse to respond nor send copies of receipts. Would you like to see pictures? Because at the walkthrough we BOTH agreed that the charge would only be 85 and that all was clean (can't beat an OCD person on obsessive cleanliness) :) 

Anyway I DID try reaching out to them asking for evidence via phone, text and emails. No responses at all. Not even to clarify why the $40 surcharge.

I know most people think tenants are rough but some of us are truly victims here. I wouldn't have made a fuss over $40 if they had explained why - but I got NO response and NO explanation. NO itemized breakdown of costs and NO justification. They forget that I literally took pictures, videos and then some moments before I stepped out of the unit.

Imagine if someone took $40 from you without explanation, no responses and basically evades every phone call, text or email asking for an explanation. You'd be upset too. Try putting yourself in those shoes.

[Account Closed]

And please, I never get charged for cleaning in my life - having rented over 5 other places as well. Always got the full amount back. Plus, extremely minimalistic furniture (inflatable bed, foldable chair, foldable table). Don't even cook and I never allow anyone to enter or step into my unit. I clean, wipe and vacuum obsessively almost every Sunday.

It is only with these guys that I got "extra charges" for some "unknown cleaning costs."

Anyway, thanks Kelly for the reasonable response and steps that should have been/ could be done. I appreciate it very much.

I didn't come here to be bashed for already being a victim. Seriously. Just upset at the lack of explanation and for what seems to be injustice or the landlord's incompetence and lack of experience. Even then, they could at least respond to clarifications. :)

[Mark Fries]

@Dennis M.

I will pay $40 to never have to read this post again...

[Theresa Harris]

If you agreed to $85 and that was written in the lease, then you should have been charged the $85.  Find out if there is a agency you can talk to and let the landlord know you are doing so.

[Steve K.]

@Vicki Lau even if a tenant leaves a unit very clean I often still pay about $250 or more to have it professionally cleaned (deep cleaning such as getting the oven and fridge back to like-new condition, carpet steam cleaning, drain clearing, bathroom sanitization, etc). You’re lucky you only had to pay $125, that’s much less than normal in my experience. There is always more cleaning to be done. Put yourself in the next tenant’s shoes: wouldn’t you want to know an apartment had been professionally cleaned by a quality cleaning company before moving in? Would you be okay with the landlord just taking the previous tenants word for it that they did a good job, or paying only $85 for a half-assed cleaning job? It would be unprofessional for a landlord to not have a unit cleaned well between tenants. $125 for cleaning will not cover much, try to hire a cleaner in CA for less than that for a deep clean during a unit turnover and see how good of a job they do. The only way I would not have a unit professionally cleaned between tenants is if a tenant has it professionally cleaned themselves and verified that fact with a receipt. $40 is not worth arguing over in my opinion. $400, maybe, but certainly not $40. Many tenants don’t realize that a typical turnover costs landlords thousands of dollars. If you own a property in the future you will probably laugh at yourself for bickering over $40 once you realize how expensive it is to keep up a property and make sure it stays in nice condition for tenants who will stab you in the back on the internet over $40.

[Nathan Gesner]

@Account Closed you're obsessing over this like they stole hundreds or thousands of dollars. Do you honestly believe they took $40 from you just because you're a foreigner and they saw the opportunity to take advantage of you? If they were going to steal from you and take advantage of your foreign status, why not charge you $200?

Even an OCD cleaner can miss something. Maybe they had to go in and do some touch-up behind the fridge or stove? Yes, they should answer your calls and provide you documentation. But you should just let this go.

In the time you spent writing these posts,  you could have earned $40 panhandling.

[Joe Splitrock]

@Account Closed assuming it was clean, which I believe you:

1. Non refundable deposits are not allowed in California, so the $85 can't be withheld unless for unpaid rent, cleaning or damage.

2. You are entitled to a walk through at which time you should be shown any deductions. If they showed you no cleaning or damage, that seems to contradict the deductions.

3. You are entitled to an itemized description of withholding. Receipts for any cleaning or repairs is not required for with holdings less than $126. It seems very convenient that they with held only $125.

4. If you dispute the charges, write a letter explaining your position. If the landlord doesn't work it out with you, then small claims court is your next option.

5. If you win in small claims court, you could be awarded damages as much as two times the security deposit. I am not sure why a landlord would fight the $125 given the risk to them.

For help writing a demand letter:

https://www.courts.ca.gov/11150.htm

Here is a CA state resource regarding deposits:

https://www.courts.ca.gov/1049.htm

[Michael J.]

@Vicki Lau

Lol, are you kidding? When a landlord loses money it’s thousands of dollars in damage or unpaid rent that they have to sue for, only $40 would be a breeze.

Depending on state laws they may have a certain amount of time to show a deposit statement and what anything was used for and return the rest to you. If they don’t then I would imagine that they are not following a local law regarding deposit accounting.

If you feel that the many hours of your time that it will waste is worth only $40 then you can file a small claims case.

[Ned J.]

Most likely there was some item that required more cleaning that you provided. I can understand the frustration about the lack of communication on what the charge is for etc.....but its $40....let it go.