at the 21st day after i moved out i still didnt recieve my deposit back i called them then they sent me a letter on the 27th day instead of returning my deposit they charged me an extra 930 dolars this includes 15 gallons of paint for a 2 bedroon apt that is 1000sq feet.... also they replaced the carpet, they are also charging me for things like 100pk of latex gloves and the whole replacement of the carpet...... how much of that can they really charge me? they are also adding the hourly rate for 2 days of work at the apartment one at 15 hr and one at 20 hr
The charges sound unreasonable, but would depend upon the actual facts such as how long you lived there and how bad the condition was.
See the following DCA guide for an explanation regarding return of your security deposit, as well as what constitutes normal wear and tear for security deposit deductions:
Under California Civil Code section 1950.5, within 21 calendar days after a tenant moves out, the landlord must either send a full refund of the security deposit, or mail or personally deliver to the tenant an itemized statement that lists the amounts of any deductions from the security deposit and the reasons for the deductions, together with a refund of any amounts not deducted.
A tenant who does not receive a return of the security deposit from the landlord will often need to sue the landlord in small claims court to get the security deposit back. However, the risk is that the landlord will likely countersue the tenant for damages above and beyond what the security deposit covered.
According to the California Supreme Court decision in the case of Granberry v. Islay Investments (1995) 9 Cal.4th 738, 745, after the 21 days have transpired, the landlord loses the right to keep any of the security deposit and must return the entire deposit to the tenant.
Also, if the tenant proves to the court that the landlord acted in "bad faith" in refusing to return your security deposit, the court can order the landlord to pay the tenant the amount of the improperly withheld deposit, plus up to twice the amount of the security deposit as a "bad faith" penalty. (Civil Code Section 1950.5(l).)
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
Generally you are obligated to pay for all repairs needed excluding reasonable wear and tear.
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