Landlord held my security deposit

By Kalyan

Hello,

I stayed in an apartment complex in Duarte, CA from April 2008 till August 2010 and I have paid a security deposit of $2,000 while signing my rental lease agreement. The apartment is managed by AV management and has 19 2 br apartments in the complex with a resident manager. I have given an official notice to resident manager on May 5 2010 regarding moving out of the apartment complex. I didn’t have a certain move date as I was planning to move out of country on a project. I have spoken to the resident manager and landlord regarding my move date in the month of June and July too with a revised my moving date. Finally I moved out of the apt on August 8, 2010 and as I have already paid the rent for August, the landlord has given be a check for over paid amount of $996.69 for remaining days in the month of August. 
On August 8, 2010 at 11:30-12 pm I’ve walked with the resident manager in the apt and he checked everything and said nothing. In good faith I haven’t taken any pictures of the apt at that time as I was rushing to the airport. I do understand we were in midst of moving to new country and all that… so couldn’t clean the place before handing over the apt and we left the apt on August 8 itself. In the process of moving to a new country I’ve forwarded my mail to my sister in Iowa. It was a Saturday morning Sept 9 2010, when my sister received a letter from my landlord indicating that the apt is dirty and he has to clean and fix the place so he is holding my $2,000 and overpaid rent of $996.69 too. He has submitted the bills and estimates of the work for a total of more than $3,100 which includes changing the whole carpet of the apartment, linoleum flooring in kitchen and restrooms, painting the whole apt and changing the plumbing faucets in the rest room. I was really surprised to see a bill for all that work. I do understand the carpets do have some wear and tear, to be honest the carpets were old when we moved in April 2008 and we have mentioned that to him several times. 
I think he knows that I am out of country and he is trying to act as if its my fault and held all the money. I like to file a complaint and fight for my money. Please help me in this concern. My bro-in-law lives in Iowa and he tried to get in touch with the landlord and the resident manager wouldn’t let him by not providing the contact numbers. I have done some research and I feel that the landlord should have sent a letter regarding security deposit in 21 calendar days but he did that after a month. One more thing is someone from the labor crew found an old check (blank) and tried to deposit for an amount of $300 without my signature. Please advise me on how to proceed in this situation. 
I can forward the required documentation if needed. Please help me get my money back.
Best regards,
Kalyan Gudla

Edited on: Friday, January 14th, 2011 6:10 am

One Response to “Landlord held my security deposit”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Mark

January 14th, 2011 10:34 am

I would definitely file a report with the RPA, they can deal directly with your former landlord. This is apparently becoming quite common among landlords who try to get out of paying their deposit, especially with tenants who have moved out. The most important thing here is for you to report the situation, in regard to your check, to your bank, which I hope you have done. A laborer who “finds” a blank check and then tries to deposit it is a thief, plain and simple. The bank should be able to trace the depositor through the number of the bank account into which the deposit had been attempted. Unfortunately, many laborers in California are illegal aliens – which is in itself a crime and many landlords do not verify the rights of a laborer to work in this country; and that in itself should be enforced. Hence, the check could have been deposited into a check cashing outlet, where it would be difficult to trace the person who committed the crime. It is important for all renters to know that tenants have a right to demand that they or a trusted person should be in the apartment whenever labor is being done. Landlords are required to notify a tenant whenever they have to enter an apartment, either by themselves or with laborers; and tenants have a right to monitor their apartment and their possessions. I hope this helps. Good luck to you.


Landlord held my security deposit

By Kalyan

Hello,

I stayed in an apartment complex in Duarte, CA from April 2008 till August 2010 and I have paid a security deposit of $2,000 while signing my rental lease agreement. The apartment is managed by AV management and has 19 2 br apartments in the complex with a resident manager. I have given an official notice to resident manager on May 5 2010 regarding moving out of the apartment complex. I didn’t have a certain move date as I was planning to move out of country on a project. I have spoken to the resident manager and landlord regarding my move date in the month of June and July too with a revised my moving date. Finally I moved out of the apt on August 8, 2010 and as I have already paid the rent for August, the landlord has given be a check for over paid amount of $996.69 for remaining days in the month of August. 
On August 8, 2010 at 11:30-12 pm I’ve walked with the resident manager in the apt and he checked everything and said nothing. In good faith I haven’t taken any pictures of the apt at that time as I was rushing to the airport. I do understand we were in midst of moving to new country and all that… so couldn’t clean the place before handing over the apt and we left the apt on August 8 itself. In the process of moving to a new country I’ve forwarded my mail to my sister in Iowa. It was a Saturday morning Sept 9 2010, when my sister received a letter from my landlord indicating that the apt is dirty and he has to clean and fix the place so he is holding my $2,000 and overpaid rent of $996.69 too. He has submitted the bills and estimates of the work for a total of more than $3,100 which includes changing the whole carpet of the apartment, linoleum flooring in kitchen and restrooms, painting the whole apt and changing the plumbing faucets in the rest room. I was really surprised to see a bill for all that work. I do understand the carpets do have some wear and tear, to be honest the carpets were old when we moved in April 2008 and we have mentioned that to him several times. 
I think he knows that I am out of country and he is trying to act as if its my fault and held all the money. I like to file a complaint and fight for my money. Please help me in this concern. My bro-in-law lives in Iowa and he tried to get in touch with the landlord and the resident manager wouldn’t let him by not providing the contact numbers. I have done some research and I feel that the landlord should have sent a letter regarding security deposit in 21 calendar days but he did that after a month. One more thing is someone from the labor crew found an old check (blank) and tried to deposit for an amount of $300 without my signature. Please advise me on how to proceed in this situation. 
I can forward the required documentation if needed. Please help me get my money back.
Best regards,
Kalyan Gudla

Edited on: Monday, October 11th, 2010 2:14 am

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My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

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