Q: (CA) Landlord tried to bill me $800 after 21 days saying all the charges are legitimate without providing proof?
My former landlord is being totally unreasonable and insist I have to pay for a bill ($500 for damages/ $300 for cleaning). There was no damage and the apartment was left clean. I informed him about the 21 days law and had missed the deadline to bill and he simply replied that none of the usual security deposit law applied because there was NO security deposit.
I wrote to him:
Landlords are required to provide immediate written notice of damage claims along with documented proof of the alleged damages and itemized receipts of repairs if any in a timely manner.
You are incorrect. We did not procure a Security Deposit. The law provides for written itemization within 21 days ONLY WHEN A SECURITY DEPOSIT IS TAKEN.
He claims over and over again that none of the laws apply because there was no security deposit and refused to provide me with any receipt or itemized statement and said he had every right to bill me 3 years from now. Is he right that the 21 days rule don’t apply?
A: Not sure what you mean by "none of the laws", but the landlord is correct that the 21 days only applies to deductions or returns of security deposits. If you had no security deposit, the landlord is not required to claim damages from you within 21 days.
The 21 days applies to an accounting of funds withheld from the deposit. Even if the LL misses the 21 day deadline, he can still bring an affirmative claim against the tenant under the contract (lease) for damages and cleaning costs. Suggest you demand proof (which he would have to provide to the court) of the expenses and repairs.
Justia disclaimers below, incorporated herein.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.