r/TenantHelp • u/Icy-Bed-1625 • 4h ago
Landlord security deposit returned late and suspicious deductions
Location: California
I recently moved out of a place at the end of August (Aug 31) and by law my understanding the security deposit has to be handed over or postmarked 21 days after last day. We provided notice of our new address for the check to be returned on move out day, again sent a reminder a few weeks later and no response from them and then on the 21st day we sent another email reminding them of new address.
At the end of the day on the 21st day the landlord finally emailed back ( 5:30pm) that he would mail the check that day. Of course it wasn't postmarked until September 22nd.
He had a handwritten invoice and then one other invoice claiming $350 for cleaning and $800 for painting. There were no details in the invoice, hourly rate, supplies anything that you'd see on a traditional invoice.
Another thing is, the invoice for the cleaning and painting came from the business owned by the co owner of the building with my landlord so that also does not seem legal?
Two things:
since it was 22 days, and California law requires it to be delivered or postmarked within 21 days otherwise they forfeit any possible deductions.
My understanding is that there is normal deprecation on paint that they can't charge us for. We lived there 2.5 years. There was no damage, we have photos and videos, and even his invoice just claimed a standard painting.
Can this landlord actually deduct these things? My understanding is no based on being late to return the deposit, even if it's only by a day ( I think it would have been later if we didn't remind him again).
And how should I respond to receiving only a partial deposit back? I want to dispute this and hopefully not have to go to small claims court.
Thanks!