Q: Can a tenant ask for 2 deposits back & lawyer fees when he left the room damaged?
Tenants gave his 30 days notices on June 2nd verbally, then written on the 3rd @ 10am. He waited till July 1st to move his things and left the carpet w/ mold & rust on it. Destroyed my curtain he wanted to keep in there and broke my bed he asked to use so he didn't have to get his bed from his parents house. He said he'd come back to clean the next day, I waited till 6pm & realized his 30 notice had finished that morning, so I went to my prior engagements, as he never showed up. He used to come back @ 3:30pm, & didn't even care to come & clean the mess he left.
I retained the damages on his deposit & sent it this morning. Meanwhile, he had a lawyer contacting me and asking me for $8000. This is crazy! He left the room is a terrible state and now asking money.
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A:
Under California law, a landlord has the right to retain a portion or all of a security deposit to cover the cost of damages caused by a tenant beyond normal wear and tear. If the tenant left mold, rust, a broken bed, and damaged curtains, these are considered damages that go beyond what is expected from normal use. As a landlord, you are entitled to deduct the costs of repairing these damages from the security deposit.
It is important that you provide an itemized list of the damages and the corresponding repair costs to the tenant within 21 days after they vacate the premises. This list should clearly document the condition of the room and the costs incurred to bring it back to its original state. By providing this documentation, you protect yourself and ensure transparency in your actions.
If the tenant is demanding additional funds or lawyer fees unjustly, you may need to consult with a legal professional to protect your rights and interests. Keeping thorough records and photographs of the damages can strengthen your position. Respond to any legal correspondence promptly and consider mediation or small claims court if necessary to resolve the dispute.
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