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Question for REAL ESTATE attorney.

Torrance, CA |

I have lived in a rental apartment complex for 2 years (Dec 2008 to Dec 2010) in
the city of Torrance, California, and gave a 1 month notice to the management office before moving out.

A security deposit of $ 950.00 was paid initially and another $ 75 refundable security for
using the gym.

After moving out, I get a letter from the management that I have to pay/owe $ 762
which includes a $590 for paiting and other repairs.

Do I have to pay for the painting after living in the apartment for 2 years ?

Now the landlord has notified a collection agency to squeeze the payment out of me.

Thank you!

I have a few more questions pls and would appreciate it can take the time out to reply - 1) The collection agent I spoke to says if I lived in the apt for 3 years, I am not responsible for the painting charges etc. But from your post, I take it it's 2 years and not 3 ? Pls note that the walls have some crayons marking but not holes/damages other than the crayon marks. 2) I am supposed to pay the 762 $ to the collection agency in 2 days before this gets reported to the credit bureau. Do you recomment paying up now to avoid credit score damage and then pursuing a refund later ? 3) If so, what are my options to get a refund of the 762 $ ?

Attorney Answers 2

Posted

You are not responsible for normal wear and tear. Your deposit was required to be returned to you within 21 days of your departure under Civil Code Section 1950.5. Any deductions from the deposit had to be supported by receipts for the charges.

Demand written validation of debt under Section 809 of the Fair Debt Collection Practices Act.

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. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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Posted

No, you should not have to pay for painting of you have lived in the apartment for two years (unless of course, you punched holes in the walls and caused other types of damages, separate and apart from simply paint).

Shoudl the former landlord sue you for the $762, you should bring a counterclaim for return of your security deposit. See:

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1 comment

Asker

Posted

Thank you Frank! Few more questions pls - 1) The collection agent I spoke to says if I lived in the apt for 3 years, I am not responsible for the painting charges etc. But from your post, I take it it's 2 years and not 3 ? Pls note that the walls have some crayons marking but not holes/damages other than the crayon marks. 2) I am supposed to pay the 762 $ to the collection agency in 2 days before this gets reported to the credit bureau. Do you recomment paying up now to avoid credit score damage and then pursuing a refund later ? 3) If so, what are my options to get a refund of the 762 $ ?

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