In short:
I moved out of my apartment in a large new complex. I then received my security deposit refund in the mail. The refund was significantly less than I hoped to receive. While I was not pleased with the expensive cleaning fee, I let it slide as this property corporation apparently charges this cleaning fee to all their renters. I was surprised to see a ~$900 deduction to replace a damaged refrigerator. At the time I vacated the apartment, the refrigerator was clearly in good working order. While I do not have photograph or video evidence to support my assertion, I do have one very important piece of leverage.
The document I received from my initial inspection indicated no damages and that my apartment simply needed to be cleaned. According to California Civil Code Section 1950.5 letter (f), this document is intended to point out major damages in order to give me an opportunity to fix them before receiving a deduction from my security deposit. Since I was afforded no such opportunity, I sent this corporation a written letter (which they explicitly requested for concerns and questions) by certified mail (which I have documentation of their receipt) to formally request compensation for my deduction. After over a month, I've received no response from the corporation by any means.
Below, you will find my exact letter to the corporation and California Civil Code Section 1950.5 letter (f) for your convenient reference. What are my best next steps? Thank you!
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-- my name redacted -- -- my address redacted -- San Francisco, CA 94107
August 14, 2014
To --corporation name redacted--:
I contact you to officially contest the charges I received on my itemized return of my security deposit pertaining to the allegedly damaged refrigerator.
Attached you will find a copy of my receipt of my initial inspection. Notice that the only action item listed on the receipt is that the apartment was to be cleaned. Nowhere on the sheet does it mention any damages to the refrigerator because the refrigerator was clearly in good working order both at the time of the inspection and at the time of move out.
According to California Civil Code Section 1950.5 letter (f) (pertaining to the initial inspection), I was to be notified of any major damages to be given an opportunity to fix such damages. Since I received no such notification, I assert that my request for compensation is justified. You will aso find California Civil Code Section 1950.5 letter (f) attached for your convenient reference.
Explicitly, I request compensation of $906.91 for the item on the security deposit return pertaining to the refrigerator. You will also find attached a copy of the return statement with the relevant item highlighted.
Please reach out with your response soon.
Thank you,
-- my name redacted --
Former resident of -- former facility name redacted -- -- my email address redacted -- -- my phone number redacted --
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California Civil Code Section 1950.5, letter (f)
(f) (1) Within a reasonable time after notification of either party's intention to terminate the tenancy, or before the end of the lease term, the landlord shall notify the tenant in writing of his or her option to request an initial inspection and of his or her right to be present at the inspection. The requirements of this subdivision do not apply when the tenancy is terminated pursuant to subdivision (2), (3), or (4) of Section 1161 of the Code of Civil Procedure. At a reasonable time, but no earlier than two weeks before the termination or the end of lease date, the landlord, or an agent of the landlord, shall, upon the request of the tenant, make an initial inspection of the premises prior to any final inspection the landlord makes after the tenant has vacated the premises. The purpose of the initial inspection shall be to allow the tenant an opportunity to remedy identified deficiencies, in a manner consistent with the rights and obligations of the parties under the rental agreement, in order to avoid deductions from the security. If a tenant chooses not to request an initial inspection, the duties of the landlord under this subdivision are discharged. If an inspection is requested, the parties shall attempt to schedule the inspection at a mutually acceptable date and time. The landlord shall give at least 48 hours' prior written notice of the date and time of the inspection if either a mutual time is agreed upon, or if a mutually agreed time cannot be scheduled but the tenant still wishes an inspection. The tenant and landlord may agree to forgo the 48-hour prior written notice by both signing a written waiver. The landlord shall proceed with the inspection whether the tenant is present or not, unless the tenant previously withdrew his or her request for the inspection. Written notice by the landlord shall contain, in substantially the same form, the following:
"State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out."
(2) Based on the inspection, the landlord shall give the tenant an itemized statement specifying repairs or cleanings that are proposed to be the basis of any deductions from the security the landlord intends to make pursuant to paragraphs (1) to (4), inclusive, of subdivision (b). This statement shall also include the texts of paragraphs (1) to (4), inclusive, of subdivision (b). The statement shall be given to the tenant, if the tenant is present for the inspection, or shall be left inside the premises. (3) The tenant shall have the opportunity during the period following the initial inspection until termination of the tenancy to remedy identified deficiencies, in a manner consistent with the rights and obligations of the parties under the rental agreement, in order to avoid deductions from the security. (4) Nothing in this subdivision shall prevent a landlord from using the security for deductions itemized in the statement provided for in paragraph (2) that were not cured by the tenant so long as the deductions are for damages authorized by this section. (5) Nothing in this subdivision shall prevent a landlord from using the security for any purpose specified in paragraphs (1) to (4), inclusive, of subdivision (b) that occurs between completion of the initial inspection and termination of the tenancy or was not identified during the initial inspection due to the presence of a tenant's possessions.
Submitted October 01, 2014 at 02:33AM by Maestro4195 http://www.reddit.com/r/AskSF/comments/2hxdld/whats_my_best_next_move_in_my_exchange_with_my/ AskSF
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