[CA] Relative moved out of an apartment years ago, apartment alleges damages beyond deposit. What are the steps to take to dispute debt? legaladvice

I did read the Landlord Tenant Questions, I think this goes a little beyond them. I'm sure you guys will recognize this situation. My relative lived in an apartment. She didn't get her deposit back and was charged a few hundred dollars beyond it. At the time, she thought the charges were BS, didn't pay, and sent them a letter disputing it. They never responded. Years later, it went to collections. I know that Civil Code § 1950 deals with deposits so I just want to make sure I'm reading it correctly:

1. Within the 21 days required by law, the apartment did send an itemized statement. However this statement is marked as a "good faith estimate" at the top, triggering 1950.(g)(3). There was no accompanying documentation (no bills, receipts, or invoices). The statement itself only lists who did the work and how much. There's no contact information Does this mean that the apartment cannot pursue the debt, or did they fulfill the requirements?" My relative finally received some documenting info last year a collections agency, but it still seems incomplete. There's some things that look like legit bills and others that are just ads. For instance they charged her for a refrigerator, but didn't provide a receipt. They just took an ad with a fridge and circled it. Then someone wrote in the price and added the tax. The ad itself didn't list prices.

2. 1950.5(b) lists 4 reasons for the landlord to withhold the deposit: unpaid rent, cleaning, repair, restoring furniture and property (if allowed in lease). However it also uses the language "not limited to any of the following." Are other things allowed? Specifically, my relative was charged for "legal services"

3. Wear and tear: I don't have a copy of the lease so this part is a little strange. I know wear and tear is not covered by security deposits. In this case it looks like tenants were provided with an "allowance" of around $1k to pay for wear and tear. My relative was charged with carpet replacement and repainting the apartment which together went above the allowance and they charged her the difference. The document they provided her doesn't make any differentiation between normal and excessive wear and tear. Is this type of thing normal/legal?

4. What should my relative do now? Is the debt valid? If it's not, what should she do to clear this up?

Submitted June 16, 2017 at 03:12AM by flyinpanda http://ift.tt/2t7y01c legaladvice