Lease Dispute Resolution Guide

Summary

In California, landlords must provide an itemized list of security deposit deductions within 21 days after a tenant vacates. If a landlord fails to do so, tenants may have a strong case for disputing any charges. Written agreements, such as text messages, can serve as crucial evidence in disputes. Document all communications and consider consulting a legal professional if issues persist.

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I had a lease with a landlord till June 30th. On June 30th, the unit was cleaned and vacated, but some of my personal property was left in the detached garage. I notified the landlord the evening of June 30th of the remaining property and asked if it was ok to pick it up the next on July 1st. The landlord said this was ok and not a problem. Now the landlord is threatening to charge me for the entire month's rent of July. Does the landlord have a case to do so?
Hey ****! Based on California law, if you vacated the property and had an agreement with the landlord to retrieve your items, the landlord generally shouldn't charge you for July rent. The verbal agreement on retrieving your items is crucial. Do you have any written communication confirming this arrangement?
Yes, I have a text message confirming the agreement.
Hey ****! With the text message confirming the agreement, you have strong evidence supporting your case. In California, written communication like a text message can be crucial in disputes. It's advisable to document all communications and consult a lawyer if the landlord persists. Would you like help finding a local lawyer?
No thank you
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With the text message agreement, you have solid evidence supporting your position. It's advisable to keep all communications documented. If the landlord continues to demand payment, consider consulting a legal professional for further guidance. Feel free to reach out if you need more information!
I have another legal issue to ask
Sure, ****! What's the new legal issue you'd like to discuss?
My landlord is withholding part of my security deposit. They are charging me $* of my $* security for the following:
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If your landlord is withholding part of your security deposit, California law requires landlords to provide an itemized list of deductions within 21 days. Common reasons for deductions include unpaid rent or damage beyond normal wear and tear. Do you have an itemized list from your landlord detailing these charges?
My landlord did not send me any information on the return of my security until I reached out 23 days after I had vacated the unit when the lease ended, stating I would only receive $* back. I then asked what the charges were for the remaining amount, the landlord simply texted back $* for "cleaning", $* for "carpet cleaning", and $* for a broken sliding screen door.
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In California, landlords must provide an itemized list of deductions within 21 days after you vacate the property. Since your landlord failed to do so, you may have a strong case for disputing these charges. Consider documenting all communication and possibly seeking legal advice if the landlord is uncooperative. If you have more questions or need further assistance, feel free to ask!
I have a question about the first issue I asked about my property.
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Sure, ****! Could you clarify what specific aspect of the first issue about your property you need more information on?
Sure. On June 30th, the last day of my lease, if I texted my landlord, "I just wanted to let you know that we are moved out. We're just doing the final clean right now. We do have a few things in the garage that we will pick up tomorrow when we're back up here to drop off the moving truck. Let us know if you have any questions." And my landlord texted back, " Sounds great. Feel free to leave all of the keys, gate keys, and garage remote on the counter. I'll pick them up tomorrow afternoon :)", is that enough of a response to prove the landlord agreed to letting us pick up my stuff outside of my lease?
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Yes, the text message exchange can be considered a written agreement allowing you to pick up your items after the lease ended. Ensure you keep this communication for reference, and it may strengthen your case if your landlord disputes it. If needed, consult a lawyer for further steps.
I have another question about the charges made to my security.
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Hey ****! Feel free to ask your question about the security deposit charges, and I'll do my best to provide helpful information!
My landlord stated that we had broken a sliding screen door that cost $* to repair. This was made known to us on July 22nd after I vacated the unit my lease ended on June 30th. Am I responsible for that deduction?
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In California, landlords must provide an itemized list of deductions within 21 days of vacating. Since you were informed after this period, you may dispute the charge. Document communications and consider legal advice for further action.
What are the best ways to dispute the charge in court?
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To dispute the charge in court, consider these steps:
- Gather all relevant documents, including lease agreements, communication records, and the itemized list.
- File a claim in small claims court if the amount is within the limit ($*,* in California).
- Present evidence of the landlord's failure to comply with the *-day notice requirement.