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I am a landlord in California. My tenants moved out, and I deducted a certain small amount from their security deposit for cleaning, etc. The place was cleaned on the last day on which I could return their security deposit (21st day), and only once it was cleaned did I notice a certain item of damage. It was hard to spot, but it was rather significant.
I refunded the deposit without deducting for this new problem. Then, a little while after, I fixed the problem and am asking the old tenants to pay for it. They say no, because I already returned the deposit. My position is that I am still entitled to reimbursement, and the 21-day-rule is only about keeping their deposit hostage. I.e., I am not limited to 21 days to make repairs for their actual damage, and I am still entitled to reimbursement.
Am I correct? Does anyone know any authority? Thank you!!
The problem is how do you collect since they are not volunteering to pay?
If you believe you can make a strong case... small claims may be your only option...
Even then, the Judge will probably hold you to a higher standard since you are a business... and should the judge rule in your behalf... you will need to try to collect... it can be next to impossible to collect from tenants...
Next time, the apartment should be cleaned by the time you do the final walkthrough w/ the tenant present if possible. Compare this inspection to the move in inspection including photos (yes, take photos). Live and learn. We all miss something now and then, don't beat yourself up over it but it was your responsibility to thoroughly inspect before refunding the deposit.
Once or twice we accidentally forgot to charge a portion of a utility cost to a vacating tenant. I sent them a letter explaining along w/ a copy of the actual bill and our calculations showing their cost. They paid which was nice, but we could not have forced them to. I also learned to double ask the bookkeeper "Any extra charges here I should know about.......!!" before issuing the refund! I personally have nothing to do w/ those kinds of bills and don't even see some of them; that's how the one was missed.
I agree with the others here; it was your responsibility to inspect the unit and you missed the damage. If I was the tenant, I would refuse to pay too.
I think you lose out...but hopefully a lesson learned.
Never do a wlak through with the tenant when they move out or just make pictures and tell them you will get back to them and mail the sec. deposit. You immediately have a forwarding address as well.
There are many times things that show up later...we had a sink that was completely clogged and made pictures during the repair and showing all the ladies hair that had to be taken out...a window treatment rod that was taken by the tenant which we didn't notice at first....
The 15 or 21 days aren't there for nothing, it gives you time to test everything.
I agree, this is true of a move out, you don't always notice everything during a move out inspection, flushing toilets, running water in each sink and tub, checking under sinks, checking in the oven, not only to see if its clean, but tenants will remove the racks and toss them away. Missing refridgerator racks, those items can be expensive to replace. Charges for hair in the drain, I would consider normal wear and tear.
Am I misunderstanding your post, does this say you don't do a moveout walk thru with the tenant??
Quote:
Originally Posted by bentlebee
I think you lose out...but hopefully a lesson learned.
Never do a wlak through with the tenant when they move out or just make pictures and tell them you will get back to them and mail the sec. deposit. You immediately have a forwarding address as well.
There are many times things that show up later...we had a sink that was completely clogged and made pictures during the repair and showing all the ladies hair that had to be taken out...a window treatment rod that was taken by the tenant which we didn't notice at first....
The 15 or 21 days aren't there for nothing, it gives you time to test everything.
Last edited by virgode; 09-29-2009 at 10:00 AM..
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