All Forum Posts by: Ay Zed

Quote from @Ay Zed:

California Civil Code 1950.5 includes the following:

(2) Based on the inspection, the landlord shall give the tenant an itemized statement specifying repairs or cleanings that are proposed to be the basis of any deductions from the security the landlord intends to make pursuant to paragraphs (1) to (4), inclusive, of subdivision (b). This statement shall also include the texts of paragraphs (1) to (4), inclusive, of subdivision (b). The statement shall be given to the tenant, if the tenant is present for the inspection, or shall be left inside the premises.

(3) The tenant shall have the opportunity during the period following the initial inspection until termination of the tenancy to remedy identified deficiencies, in a manner consistent with the rights and obligations of the parties under the rental agreement, in order to avoid deductions from the security.

(4) Nothing in this subdivision shall prevent a landlord from using the security for deductions itemized in the statement provided for in paragraph (2) that were not cured by the tenant so long as the deductions are for damages authorized by this section.

(5) Nothing in this subdivision shall prevent a landlord from using the security for any purpose specified in paragraphs (1) to (4), inclusive, of subdivision (b) that occurs between completion of the initial inspection and termination of the tenancy or was not identified during the initial inspection due to the presence of a tenant’s possessions.

Emphasis is mine. The Landlord could argue the damage was not visible at the time of the pre-inspection, or that the damage occurred after the pre-inspection. You would have to prove otherwise.

You're spending a lot of time and energy on this. Why not just call the Landlord and try to negotiate a settlement? Show your pictures to a couple professionals and ask what they would charge to repair. If it's cheaper than $500 then you have some ammunition to negotiate with the Landlord. Or just save yourself the trouble and offer to split the difference and accept a $250 deduction and call it even.

We can give you advice but this will ultimately come down to you and the Landlord negotiating something.

Quote from @Ay Zed:

1. landlord did not call this discolored ring out during initial inspection, even though it was there and our belongings were not in the way, he did not leave us a list to be fixed

2. after we moved out, he did a final inspection, and wants to take $500 from our deposit for this ring. so we aren't given a chance as required by law to fix this ourselves

Landlords & realtors, what do y'all think? 

(btw, he also called out a couple other damages, but fortunately, I had move-in photos with dates to prove that those damages were there before we moved in) 

 write a letter noting you dispute the charge and state you did not do the ring, and if the ring occurred then prove to you its not a defect in the countertop.  To me this is nickle and diming personally. but just my 2 cents without knowing the entire story. 

I think you've already asked this question.

There is nothing wrong/illegal about him discovering things in the final inspection that were missed during the first inspection. You may have been talking to him and distracting him during the first one. This is exactly why I do not allow Tenants to be present during my final inspection.

If you want to contest his charge, contest it. You can start by demanding he show evidence that it cost $500 to repair. If he doesn't answer to your satisfaction, you can consider taking him to court. Court probably costs $100 or more, plus a few hours of your time. Is it really worth it to get $250 back? $400?

Here's what I tell my tenants: if you don't want to pay high prices for cleaning and repair, make sure you leave the unit in the same condition you received it.

Quote from @Ay Zed:

As a general rule of thumb, the law is what matters. However, if the lease is more restrictive than the law, and both parties agree to it, and it's in your favor, then you can argue for enforcement of the lease.

Here's my suggestion. There are only a few minor issues. Contact the Landlord, tell him the time is up, and offer him $100 or $400 or whatever you are comfortable with to cover those minor issues. Negotiate something you are both happy with, tell him he doesn't have to provide an itemized statement, and both parties are happy.

Life is so much better when we negotiate a win-win instead of being adversarial over minor issues.

@Kevin Cenna The refusal to do the walk-through is all they need to win back the full security deposit.  They could win it back in small claims court, and can show the bogus deductions, but that's unnecessary because of the failure to do the walk-through.

The walk-through is designed by law, to give tenants the ability to get their full deposit back, by giving them a complete list of what they need to do in order to get it back.  He denied them that opportunity.  Therefore, he can't keep any of it.

Unless there's something more than that, they'll just waste money on a lawyer, in my opinion.  All they need to do is file in small claims court, and quote the laws I gave above.

The pre-inspection is not a final inspection. It's not unusual to find problems after the Tenant has vacated, and it's completely normal.

The range hood screens cost $10 - $15 each. Don't sweat it.

Quartz countertops damaged by heat can typically be cleaned/repaired with a mild abrasive, warm water, and soap. A mild abrasive would be something like baking soda or white toothpaste.

You can be held responsible, but I don't think these are big expenses.

You should have filled out a pre-move in inspection form and noted any imperfections. Do you still have this on file? If so you should have a good argument to get your deposit back.