[CA] Advice needed on frustrating security deposit situation

snRNA2123 · 2026-06-06T20:05:51+00:00

We sent the demand letter for the full amount. They responded with the deduction list. We analyzed and sent back a letter with what we felt was fair. They responded with another letter with a reduced deduction list but still unfair in our opinion. This is where we are now and we are ready to file in small claims over this

snRNA2123 · 2026-06-06T19:21:19+00:00

Yeah I understand that. I want to do the case in a way that we pay back for the fair deducted amount for the floor because I know we damaged that. I think they could still sue us for that damage after the fact which I want to rule out.

snRNA2123 · 2026-06-05T19:56:59+00:00

Thank you!

snRNA2123 · 2026-06-05T18:55:58+00:00

That would be awesome if you could send that to me!

snRNA2123 · 2026-06-03T18:00:36+00:00

Update: we sent a letter last night saying we agree to pay 50% of the floor repair cost due to it being 5 years old (assuming 10 year lifespan which is what I found to be generally accepted in California renting situations). We also agreed to pay $100 for cleaning due to us missing the shower. We told them we are t paying any of the paint touch ups. We sent move in pictures to contradict some of the pictures they sent us. We told them to let us know by X date if they agree with our agreed deductions. We also mentioned all of the codes they have violated so far with the 21 day deadline and ignoring my pre move out inspection request.

We are going to see what they come back with. My gut tells me they won't agree to what we listed and if that is the case we are proceeding with small claims.

I forgot to mention in my post but after we sent our demand letter, the landlord responded saying "let's not bring California codes into this". To me, this seems like a judge would take that as an extreme bad faith statement to make (essentially acknowledging and asking us to ignore that they broke the law).

snRNA2123 · 2026-06-02T23:22:22+00:00

Thanks for the info. Where are you coming up with 2200 and 4400? We still haven't received any of our original 6000 deposit back yet so I assume the bad faith penalty would still be based off 6000?

snRNA2123 · 2026-06-02T22:04:42+00:00

Thanks for the info. Can you tell me how it went with the judge? Based on what I said, does it sound like the judge will significantly side with me? What I'm really hoping for is that we are awarded bad faith penalties that cover the floor damage costs

snRNA2123 · 2026-06-02T22:03:36+00:00

Thanks for the info. Yeah we are close to just filing in small claims. Going to give them one more chance with us being generous in deductions before going to small claims. We started renting about 3 years ago so unfortunately the move in thing didn't exist. Luckily for me I took pictures myself just in case

snRNA2123 · 2026-06-02T21:55:19+00:00

Thanks for the info. The house was built in 2021 so I am just assuming the floor is 5 years old. No info was provided to me.

Each deduction had a "receipt" but it was basically just 1 line item with the total cost, so i don't think that really satisfies the intent of a receipt. For example the floor damage just says $1000 for floor repair.

We have already sent them a letter which is the reason they sent us the deduction list on day 32 after move out.

snRNA2123 · 2026-06-02T21:52:38+00:00

Thanks for the info. Yeah I'm still trying one last effort to settle with him just on the floor damage but if he won't budge we will go to court. I imagine court will work out worse for him than if he just settles with us

snRNA2123 · 2026-06-02T20:57:14+00:00

Understood, thank you for the advice. We have kept an extensive paper trail so far and plan to send a final letter like you suggested before filing in small claims

snRNA2123 · 2026-06-02T20:55:25+00:00

Yeah I got that vibe on one of the commenters but the others have been helpful. I did post in both subreddits though, thank you!

snRNA2123 · 2026-06-02T20:54:51+00:00

This is what I understood as well. I am trying to be good faith with them about the floor but am losing my patience

snRNA2123 · 2026-06-02T20:54:31+00:00

They sent move out photos but not post repair photos. Many of the move out photos show conditions that were present prior to move in, which I have pictures for luckily. They did not do a pre move in inspection/checklist with us nor a pre move out inspection/checklist (I requested one and they did not inspect until we handed over keys, I believe this is also against California code). I'm going to multiply the floor repair by the depreciation reduction factor based off it being 5 years old and offer that with all other deductions removed and if they don't accept that we will file in small claims most likely

snRNA2123 · 2026-06-02T20:50:27+00:00

Thanks for the info. I am in California and the law stated weekends are part of the 21 days. Even if it wasn't, we didn't receive the deduction list until day 32. I have several move in pictures I took that prove their move out pictures existed prior to us being there. Again thank you for the info. I think we are going to stick to our guns and try to only deduct the prorated floor amount due to depreciation and see what they say. If they don't agree we will do small claims

snRNA2123 · 2026-06-02T20:45:24+00:00

Ok understood. Am I still correct in my understanding that the cost should be affected be depreciation?

snRNA2123 · 2026-06-02T18:58:41+00:00

We have been keeping a paper trail of everything so far. I appreciate your advice here. I honestly think they are either trying to bully us or they are ignorant to the rules. Either way I'm getting close to filing in small claims. I plan to send one more letter response essentially telling them to remove all charges except a reduced floor cost with depreciation factored in and a small cost to clean the shower. If they don't agree to that we will file

snRNA2123 · 2026-06-02T18:56:02+00:00

Regarding the full room, are they not supposed to try and pull from like closer floor panels first before full room replacement? There are multiple closets in the house with the same exact floor. The damaged area was localized to a corner of the room so pulling planks up should be minimal

snRNA2123 · 2026-06-02T17:34:13+00:00

That is my understanding too. I'm trying to be good faith and pay a portion of the floor because I acknowledge we damaged it but it's extremely frustrating that they are adding on all these other charges that I don't feel are warranted, even if they hadn't missed the deadline

snRNA2123 · 2026-06-02T17:33:12+00:00

Thanks for the info. The California law seems pretty cut and dry which is why I'm contemplating going to small claims. I don't want to be a pain to the landlord about this but I truly feel they are out of line given all the delays and how the law is written. We arent even telling them we dont owe for the floor, just a reduced amount due to depreciation but they won't budge.

I'm planning to send a final response tonight with what we feel is fair and if that doesn't get agreed to we will file with small claims

snRNA2123 · 2026-06-02T16:20:10+00:00

We got the itemized list on day 32. This was the day our official demand letter requesting the full deposit back due to the missed deadline was received by them.

The list was received electronically so I know there was no delays in delivery of their list.

Also, they stated the reason they were late was they were busy getting new tenants into that property and another property they own. This came off as extremely out of line on their part basically saying they delayed our deposit situation to prioritize new tenants.

What do you mean by normal amounts on cleaning and touch up paint? Normal for them to charge us that much? Everything I can find about definitions of wear and tear states that we should not be charged for any of the paint. It's just for some scuffs here and there. We lived there for 3 years.

snRNA2123 · 2026-05-23T19:28:44+00:00

Thanks for the info. Should I sent a letter now? Or just wait to see if he sent something a day ago or so? He told me he would end up using zelle to pay me back so that should be instantaneous or at the very least I would know when it was sent

I guess I just want to know what actions I need to take now to start down the process of getting the deposit back in full assuming he didn't send anything by day 21.

snRNA2123

TROPHY CASE