From: burke@tss.com (Jim Burke)
Subject: Re: ADVICE NEEDED: Former Apartment deducted $300 from rental deposit without reason
Reply-To: burke@tss.com (Jim Burke)
Organization: Teknekron Software Systems. Inc.
Distribution: usa
Date: Fri, 21 Aug 1992 21:09:41 GMT

In article <1992Aug21.000215.4175@indetech.com>, gopi@indetech.com (Prakash Gopinath) writes:
|> 
|> I lived in an apartment complex in Cupertino (California) for about 6 months.
|> I had paid $350 as rental deposit. Due to transfer of job to Fremont, I had to
|> move to Fremont, after giving 1 month notice of moving(as per the agreement 
|> signed). When asked for my rental deposit, they said they would send it in 2 weeks.
|>      After about 10 days, they (my former apartment) sent me just $70 along with a
|> letter which vaguely said that "not clean", "needs cleaning", "needs painting", 
|> "unusual wear of painting" etc. We are sure that we left the apartment in almost 
|> the same state as it was when we had moved in. We (especially my wife)
|> maintained the apartment very well and spent the last week of our stay there
|> cleaning almost every inch of the apartment. This being the case, I do not know
|> on what basis they can deduct about $300? I am very astonished how can they cheat
|> public this way.
|>      Under the above situation, what option I have to recover my rental deposit
|> back? I shall be grateful, if any one of you can provide me with information.


My experience is that ALL apartment complexes in the bay area rip off their
tenants for the security deposit.  This opinion is also based on the 
experience of many friends.  I finally got fed up with it and I now have gotten
my full deposit back from the last two places I rented from, although it is
a hassle.

Some of this will apply to this situation, and some of it is to late for 
the poster of this article.  But, the first thing you want to do is make
sure you note _every_ minute defect, spec of dust, etc. that you find when
you move in.  You CANNOT BE TOO PICKY!  If there legitimately is a tiny nick
on the door of the refrigerator, write it down!  Then, when you move out,
make sure that someone from the complex comes to the apartment and does a
walk-through with you.  All problem items should be noted on a form similar
to your move-in checklist.  If they refuse to walk through the place with
you, be sure to record this fact if you have to take them to court.

At this point, make sure that the complex/landlord complies with ther
requirements to send you your deposit or a detailed list of defects within
the 15 day requirement.  If they do not, record this fact.  You may be able
to use it to prove that they acted in bad faith if you sue them.  And you 
_have_ to be prepared to sue them in small claims court.  It only costs $8
to file.  Okay, now that they have sent you some fraction of what they
owe you, you have to go to work on them.  You write a forceful letter, stating
the facts that you dispute, and demand that they return the rest of your
deposit.  Be sure to include any facts that would be useful to you in court
so they get the idea that you do in fact intend to sue them if you don't get
your money, but don't make idle threats that you will sue them - at least 
not at this point.  A _critical_ step at this point is to make sure that you
send your letter to both the management company AND the owner of the property.
The management company will try to keep you from finding out who really owns
the property, because you can't sue them unless you know who they are.  You 
can't sue the property manager.  Call the assessor's office in your county
and ask for the name of the owner.  They will also give you the owner's mailing
address to which they send property tax bills.  Use this information to
copy the owner on all correspondence.  This accomplishes a very important
thing: it establishes that you are serious enough to find out who they are
and they will probably get the idea that you are prepared to sue if necessary
since you have taken the time to find them.  In any case, if you do have to
sue, you will need this information anyway.

At this point, they will most likely send you a check for some part of what
they owe you hoping you will be satisfied.  Again, send them a letter (more
strongly worded this time) telling them that their partial payment is
unacceptable.  In this letter, I usually make a very calm but firm statement
that I am prepared to take them to small claims if necessary.  I spell out
my case for them, and if there are grounds I can use to show that they have
acted in bad faith (like refusing a walk through) I point that out as well.
You see, in California, if the landlord has acted in bad faith you can 
add $200 to the amount you are suing for.

Once you have gotten all you are going to get out of them, you may have to
actually file suit in small claims court.  This is not difficult, but it does
take your time.  I am to the point where I will go through with it simply 
to keep them from screwing me over.  If you file, you can be fairly sure that
they will never let it get to court.  It is much too big a hassle for the
owner of the property to go to court with you over the amount usually involved.
If you do have to go to court, make sure you are well prepared and can document
the condition you left the place in with pictures, an impartial witness, 
or whatever you can.

This procedure has worked for me and also for friends of mine.  It is a
hassle, but it's better than being screwed by rip-off landlords.

-- 

	Jim Burke	"Life is uncertain - eat dessert first!"
	Teknekron Software Systems		... burke@tss.com
  	phone:(415) 617-2432			... uunet!tekbspa!burke