Tenant threatening small claims for cleaning security deduction

[Stephanie R.]

Hello, I am a new California landlord whom bought a property 2 years ago with existing tenants. The tenant moved out after living in the house for a decade.

Per the request of the tenant, we performed an initial inspection. Since we don’t know what condition the house was in prior to her moving in, we only specified all the areas requiring cleaning and some large nails/screws in the walls, which she signed. Nothing was done prior to moving out. I wrote in the final Move Out Condition Report all the same areas, and at the end stated “$550 is deducted from $XXXX security deposit for cleaning of the living room/dining, bathroom, 2 bedrooms, and garage. As well as nails and screws removal and patching large holes from walls.” I did not go into further detail of what is being cleaned because it was already stated throughout the Report. I know nails and screw holes is part of normal wear and tear. So I’m basically just charging for the cleaning.

I also certified mailed the Move Out Condition Report and partial security deposit on the 21st day after vacating. Now the tenant is claiming that since they did not receive the deposit/itemized deduction statement/ receipt within the 21 days, she is entitled to the full refund and threatening small claims court.

My question is: was the Move Out Condition Report with my itemized cleaning deduction, not sufficient enough for the Civil Code 1950.5 itemized deduction statement requirement? In addition, it was my understanding that I just need to RETURN the deposit in 21 days, not that the tenant has to RECEIVE the deposit in 21 days. Also, no receipts had been provided to the tenant because we haven’t had the cleaning service done yet. The $550 was a good faith estimate based off of quotes I inquired from cleaning services in the area. I have, however, been attempting to DIY paint the kitchen cabinets and have spent over 8 hours just trying to clean the cabinets of all the dirt, grime, and oil built up over the years. My time alone was worth more than the $550 deducted, and that was just on the kitchen, not including the rest of the house.

If she pursues legal action, I don’t mind going to small claims court. I just wanted to know if we legally did everything correct.