California: Return of Security Deposit

I recently moved out of an apartment where I'd lived for six months, leaving it cleaner than it was when I moved in. The management is charging for cleaning ("50%, $40.00"), noting such things as "dust" on the screens, and a "few grease spots" on kitchen cabinets. If I hadn't seen the bottom-line figure of what part of my deposit they're planning on returning, I would have thought they were kidding. They should have seen me on my hands and knees cleaning the little-seen regions of the toilet with a toothbrush and scrubbing the kitchen with Pine-Sol.

What's really got me seeing red, though, is that they're also charging "100%, $555.00" for painting. There are "scuffs" on some of the walls, they claim, and they also painted the ceiling (I had an upstairs apartment and one of those "raised" ceilings that's higher in the middle) because of "odor." The paperwork says there's a "slight smoke odor or incense odor" so the "unit needs full paint." Because I have asthma, there was never any smoke in that apartment, even incense, which bothers me more than cigarette smoke. The oven was so little used that I didn't have to clean it, which precludes burning something as a smoke odor.

Now my understanding of California landlord-tenant law is that scuff marks are part of normal wear and tear, but even if they did have to paint the entire apartment, because I lived in it for "six to twelve months," they could only charge 2/3 anyway. Trust me, though, the apartment didn't have to be painted. Touch ups, maybe, but nothing else. And I just checked the lease and it says that the tenant will pay 100% for painting if under one year.

I will admit to something, and that was totally glossed over on the paperwork: When trying to remove a large nail from the dining room wall, trying to get it out with the opposite of the business end of a hammer, I damaged the wall. I didn't realize that the hammer was pushing against the wall while I was bumping it, creating a gash about two inches wide and an inch high. This was on the "accent wall" that they repaint every time depending on the new tenant's color preference. When I went to the office to turn in my keys, I told the assistant manager about it, and she said (yes, I have witnesses) not to worry about it, that I wouldn't be charged for it. (It was the full manager that did the final walk through.)

So I'm in the middle of writing the dispute letter, going through it all point by point. Should I do it that way? Should I write a short synopsis? Should I merely quote the civil code? Am I totally screwed?

Thanks for any help.

No, I don't believe you are. "Totally," anyway. California Tenants - California Department of Consumer Affairs details what repairs a landlord can withhold. Basically: "A landlord can withhold from the security deposit only those amounts that are reasonably necessary for these purposes. The security deposit cannot be used for repairing defects that existed in the unit before you moved in, for conditions caused by normal wear and tear during your tenancy or previous tenancies, or for cleaning a rental unit that is as clean as it was when you moved in." From your post, it certainly sounds the case. Did you receive both an itemization of the repairs and the invoices as well? The landlord is required to deliver both within 14 days and include any remaining refund. If you check the link above, there's a fairly detailed list of repair/conditions and a reasonable calculation of actual percentages/procedures .. unfortunately, at the 6 mo length of residency, you may end up paying the actual 100% you mentioned. I would agree, however, that some of the other charges are both a bit miniscule and don't fall within 'allowable' expenses. I'd even go so far as to suggest that if you feel the dollar amount of the painting receipt is excessive, find several painting contractors provide fair and reasonable estimates for the same work. That's a good way to determine whether or not the landlord's bill is inflated.

After you've received the itemization and invoices and you disagree with it, yes, I'd suggest an itemized list of your own in response in an attempt to resolve the situation yourself. If a reasonable time passes and you don't receive either a response or satisfactory resolution, you may want to seek additional help. Another link from the site provided above, California Tenants - California Department of Consumer Affairs may help there as well.

Good luck.

Actually the LL has 21 days to send you and deposit along with itemized list.....

CC 1950.5

Thank you for the quick replies. I'm continuing my itemized list of what I'm disputing, which is almost everything, and I've got a couple more questions.

Would it be all right for me to send a copy of my letter to the management company for the complex, or should I stick with sending it only to the manager? Heck, I'll even copy an attorney if it will help my case. Also, I plan on sending it certified, asking for a return receipt.

I received their itemized deduction list two days ago (with only the receipt from the cleaning company, not the painters), and the check came in yesterday. I have to give them points for being quick, since it's only two weeks today since I moved out. Is it all right to cash that check, or should I wait to see if they refund any of rest of my deposit?

Thanks again.

Typo. 21 is correct, as apparent on the link. 14 days is standard for quite a few other states. Thanks.

I think your primary contact should be with the landlord/landlord's agent. If you choose to include the management company in your correspondence, that's your choice; at least it keeps them apprised of the situation. I'll leave the question of cashing the check to others: I'd be concerned that cashing it implies agreement and acceptance of the repairs. Personally, I wouldn't cash it until the matter is resolved to your satisfaction. (An opinion.)