| 1. |
|
| 2. |
|
| 3. |
|
Ratings. Guidance. The Right Lawyer.
Landlord of a 500 sq ft comm. unit has refunded me $93 of a $2500 sec.dep claiming xtra work was needed due to textured walls
Los Angeles, CA
Viewed 23 times.
Posted 2 months ago in Landlord / Tenant
Flag as objectionable
There was no texture on the walls and I simply painted over old paint before I moved in. Before I vacated the unit I spoke with the landlord and he agreed to do a walktrough to discuss any work that might be needed.
They kept putting off appts and finished all of the work without a walk through. I left the place in great shape with the exception of nail holes in the walls for my limited shelving. I do not have any pictures of the place when i left but had four friends help me move who saw the condition of the unit. - Is this your question? Add additional information Answers (2)
Steven Alan Fink
This attorney is licensed in California.
Posted 2 months ago.
Flag as objectionable
Civil Code Section 1950.5 deals with this issue. It sounds like the landlord is trying to get more than he is entitled to. You will probably have to go to small claims court. Use pictures of the place when you left and have your witnesses ready.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. 
Richard F Hamlin
This attorney is licensed in California.
Posted 2 months ago.
Flag as objectionable
For non-residential units, the controlling section is Civil Code, Sec. 1950.7. Unlike residential units, there is no right to an early inspection of the premises. A non-residential landlord has thirty days to return the deposit, assuming the landlord is only claiming for cleaning or the cost of repairs. If a residential landlord withholds money in bad faith, the court may treble the damages. In a non-residential situation, a bad-faith violation of the seciton leads to damages of only $200.
Your right to return of the deposit might depend on the doctrine of constructive waste. That is, your lease probably required the premises to be returned in the same condition as when you rented them. Any change, even if you think it improved the unit, could be treated as "waste" and cause for the landlord to withhold money from the deposit. Without pictures, it will be harder for you to prove your case, although if your friends will testify to the pristine condition of the premises, that will help. What you might do is see if the present tenant will let you take pictures of the current condition of the premises. You and your friends can testify to how they compare to when you left. If there is no current tenant, perhaps one of your friends could ask to see the unit as a prospective tenant and, while there, take some pictures for comparison purposes. If all else fails, this claim is within small claims court jurisdiction and can be filed and heard quickly and inexpensively. Good luck. |
