Q: My landlord is trying to charge me for damages after the 21 days and didn't send receipts. Can they take us to court?
I live in california and we had recently moved out of our duplex. We messaged the land lords 3/3 that we were officially out of the place. And they had a 3rd party call to pick up the keys from us at a mutual location on 3/6. Flash forward to 3/27 we finally received a letter regarding our deposit. In which they claim they are charging us 1,100 for damages but they didn't attach any receipts or statements proving the work
A:
Under California law, landlords have 21 days from the date that the tenant vacates the property to provide an itemized statement of deductions from the security deposit, along with any remaining balance of the deposit. If the landlord fails to provide this statement within 21 days, the tenant may be entitled to a full refund of the deposit.
In your case, it appears that your landlord did not provide the itemized statement of deductions within the 21-day period, and therefore may have forfeited their right to withhold any portion of the deposit for damages. Furthermore, the landlord's failure to include receipts or documentation to support the deductions may be a violation of California law, which requires landlords to provide a "good faith estimate" of the charges based on "reasonable repair costs."
If you believe that your landlord is improperly withholding your security deposit or charging you for damages without proper documentation, you may have grounds to file a lawsuit against them for the return of the deposit, or to contest the deductions in small claims court. It is important to keep any communication or documentation related to the move-out process and to consult with an attorney who specializes in landlord-tenant law or housing law in California to discuss your legal options.
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