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Rmherkman

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Posts: 3
Reply with quote  #1 
We rented a condo from a couple for a year lease. During our stay we always paid rent, and before moving out gave over 30 days notice in accordance with our lease. We were accommodating of multiple showings including an open house (I had given birth 2days before the first showing and we cleaned the entire place and vacated the premises so they could do what they needed to without us hanging out. At our final walk through the wife stated that the place looked great and the only damage seen was a dent to the dry wall. We agreed to this and she said she would return half of our (extremely large) deposit within the week, and the remainder once she had an estimate. We moved out on Oct 31st and paid cleaners to do a thorough cleaning. 3 days after moving out she emailed saying she was still waiting on an estimate by should have it by the following Monday (a week for a basic drywall patch?) 8 days pass and I email her just making sure she has our correct mailing address. She responds almost immediately saying she still doesn't have an estimate (but should have it in a couple days) and now she has found a gouge in the hardwood that needs an estimate and that she will be in town "next week to get it figured out". I email back saying I hope it wont take much longer but since the repairs are minor and won't cost more than a couple hundred, could she return at least half the deposit as we have several large bills to be paid (our deposit was 2x rent= 4900$). That was 6 days ago and she has not responded now we are at day 18 post moving out. Unless the check is already in the mail there is no way the 21 day deadline will be met. Obviously we have almost 5k just floating around and we cannot afford that. Once day 21 rolls by are we best served by emailing and stating that we need the full amount back? Should we be nice and still give them the benefit of providing an estimate immediately and allowing them to deduct. Or do we just send a demand letter? I feel we have been accommodating and patient, followed all lease terms and state laws and giving them more than enough time and space to get these things done

We also were never sent a notice of a right to initial inspection, we would have requested one had we known before moving out (I only know now because I have been researching ll-tenant law).
dishrodger

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Posts: 314
Reply with quote  #2 
check with your state to be sure it is 21 days. also some states have a pentilty if not sent within time period
Rmherkman

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Posts: 3
Reply with quote  #3 
Yep, CA law is very clear about 21days to return deposit or itemized deductions plus remainder even if they have to make a good faith estimate because they can't get a formal estimate or the work can't be completed on time
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