State Specific Question About: CALIFORNIA (CA)

I need some help with returning security deposit. This is my first return/non-return that is NOT due to eviction or tenant fleeing in the night. I need to get the disposition in the mail by tomorrow to meet the 21-day limit.

Tenant did not report a bathroom faucet leak and the water dripped behind and on the side the vanity; the pressboard wood was ruined. Handyman said said the new cost is $220, so my guess is that $150 is fair? The vanity was a new install when she moved in and factually speaking the entire apartment was a new renovation.

The granite kitchen counter top is stained -- maybe something metal rusted on it. I made a paste of "bar keepers friend", but that hasn't worked yet.

I'm guess-timating on the plumbing costs, because the handyman has not given me actual costs yet, but I will see him later today for the figures.

Total Security Deposit +$2040.00

One day of rent credit – June 30th +40

Cleaning – windows, baseboards, tub/shower, window blinds, wall heater grate, heavy duty cleaning of oven, wipe down cabinets, drawers and window ledges -100

Replacement cost of vanity due to water leak –photo attached -150

Unusual wear and tear to the premises:(

Repair holes on walls in the bedroom & repaint – photo attached -200 (estimate)

Repair bathroom plumbing – bathtub water will not turn on independent of shower water -200 (estimate)

Repair damage to bathroom threshold – photo attached -70 (estimate)

Stain on granite kitchen countertop – photo attached -50

Water heater gas leak – see shut-off statement from gas company 0

Water heater & gas line replacement -25 (estimate)

Amount owed to landlord ($ 795.00)

I would think the water heater gas leak and repair is your responsibility. Maybe you should have been notified, but unless they damaged it in someway, it is yours.

1. You don't say anything about tenants' reaction to your report of preliminary inspection, so I suppose that you didn't do one. If you didn't notify tenants of their right, then many judges won't accept any claim for deductions that tenants dispute.

2. Along with itemized statement of deductions due to tenant, you are supposed to include copies of documents showing charges incurred and deducted by the landlord to repair or clean the premises. If you want to deduct for damages, then you will have to show receipts or other justification for amounts charged.

3. To collect for damage because of tenants' failure to mitigate damage by reporting leak, you will have to establish that tenant knew about the leak and did not report, and that damage charged for occurred after tenants became aware of the problem.

4. My guess is that no judge will credit you with damage charge for stained granite countertop. Did you seal it?

5. Aside from tenants' not reporting the leak, how do you figure that tenant is responsible for repairing the leak (plumbing cost)?

6. Assuming that tenant does not dispute that they did not clean to condition when they took possession, court will generally allow you total reasonable cost of cleaning. Judges know what cleaning costs; don't try to fool them.

7. LL is expected to have to do some work to keep up his property between tenants. Its the difference between wear & tear and damage. Nail holes in wall are wear & tear, the result of hanging decorations as part of living. Damage is different story, but neither one is a major expense to repair. Forget about charging to paint.

8. Repairing bath plumbing is probably YOUR responsibility.

9. How is water heater gas leak tenant's responsibility?

10. Water heater & gas line replacement? Better have a good story for that one. If by some stretch of imagination, it really IS tenants' responsibility, don't forget to depreciate.

If you have not repaired the items you can estimate reasonable costs in your SD accounting letter with the items clearly identified as estimates and tell them by a specific reasonable date when a finalized SD accounting letter, with copies of repair receipts, will be sent.

What Coplin said - as long as I send out a report with both billed costs and estimated costs by the proper date in PA, my rear is covered. I can then take my time with the final disposition of the funds.

I've only had to do that once, and received a nasty phone call after getting back to the former tenants about a month later with a report that showed all funds used up and $200 in additional damages (which we noted we were not pursuing at the current time, but reserved the right to do so). My response to their threat to take me to small claims was a calm "Fine, I have plenty of photos and physical evidence that I have retained. I will also counterclaim for the additional $200." Never heard from them again, probably because for them to start a claim around here was about $200 at that time.

I would not use the services of the person who installed the vanity as they are the ones who are responsible for water leak! People rent so they are not incummbered with ongoing repairs and maintainance, that is what the landlord does.

I deleted cost of plumbing & water heater.

A pre-move inspection was offered in writing, and I also have a BOLDED paragraph in the lease titled "pre-move out inspection". Crickets. Probably because she got a 60-day notice to vacate -- boyfriend dragged out of the car by her hair.

Handyman is trying to lift the stain from the countertop and his efforts are working. He will re-seal the countertop when stain is removed completely.

Someone had a pretty extensive list of items they were able to deduct from the tenants deposit. Can someone point me in the direction of that list?