Advanced California Tenant's Rights Questions..How do I handle my landlord's numerous code violations?

Question

I am aware of answers that are easy to find in the code, so please answer only if you are very familiar with the law and know obscure details. This might be complicated: My landlord's code violations are insane. I paid $5800 security deposit and rented her condo for 4 years.

When I moved out and needed the refund from my security deposit, she retained it illegally for 'repairs' such as: $1500 to paint the entire condo when it hadn't been painted for several years before I moved in: Retained $2,000 for carpet that didn't need replacing at all and, in fact, she actually didn't replace it.Retained $$for things considered normal wear & tear such as loose cabinet hinges (I swear).She even withheld $350 I paid to a plumbing co. when water started pouring from a crack in the ceiling that compromised our living conditions! Also, she never sent an itemized repair list and receipts within 21 days..she never sent one at all... No notice of my right to a walk-through before vacating.. And after I moved out and with her consent, I returned twice and attempted to retrieve my washer/dryer but couldn't gain access...I think she should reimburse me for the replacement cost. The total to which I feel I am entitled is $6,350 and I'm sending her a 'courtesy' letter tomorrow giving her 10 days to send my refund.

And these are my questions:

Does it matter that I vacated 9 months ago? The delay is because of a serious injury.

I don't quite understand 'damages' or acting 'in bad faith' and how they translate to $$ to which I might be entitled. I only know this has caused me too much grief just from renting a condo.

I'm pretty sure I'm entitled to twice the deposit amount ($11,600)..will a judge automatically award this or do I need to ask for this amount in my claim? Doing so would put me in Superior Court Limited Jurisdiction...that's a little intimidating.

If I sue for less than $7500 can a judge in small claims court still award 2x the deposit plus interest plus damages?

Do I really need an attorney? Really Reeeally?

Thank you very much for any advanced 411 you can offer!

Answer 1

I strongly encourage you to call the Department of Consumer Affairs (California) at [phone]. I have called them before & they were very helpful. What a crappy landlord! Good luck.

Answer 2

Your landlord violated every security deposit law of the state of California.

I could find no proof that Small claims will award any more than the maximum of $7,500.00 to allow for the doubling of your security deposit.

The law clearly allows you to sue for double, but so far, it looks like it would have to be in a higher court. You will have to check into that.

Also, do not forget about interest. Your landlord owes you that as well.

Civil court is expensive and though the landlord may receive a judgment against her and be ordered to pay your attorney fees, you may not actually see any $$$ for a while. I would not suggest that you attempt to represent yourself in civil court.

You would be better served in filing in Small Claims and avoid the need for an attorney. Your case, as is, is pretty much slam dunk for Small Claims.

The statute of limitations for Small Claims is 4 years for a written contract (lease) and 2 years for an oral contract (lease), so you are within the statute of limitations either way.

The landlord cannot charge you for painting after 4 years of occupancy unless you caused major damage to the walls.

The landlord cannot charge you the full amount of carpet replacement, period. If you caused damage, you would be liable for the depreciated value only. If the carpets were new when you moved in and had a life expectancy of 10 years and you lived there 4 years, you would only be liable for 4/10 (2/5) of the cost to replace.

Just as she can not legally charge you for the actual replacement cost of the painting & carpet, you cannot charge her the actual cost of your appliances. They must be depreciated.

Sorry that I could not help with the question regarding double deposits in Small Claims. Perhaps you can go down to the court house and ask the clerk. They will not give you legal advice, but will give you answers to the Small Claims process.

Answer 3

Sounds like she's unlikely to voluntarily fork over the money.  If you sue in small claims court, lawyers are not allowed - either for the plaintiff or defendant.  You have to represent yourselves.