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Can My Landlord Raise My Rent By $300/Month?

Can My Landlord Raise My Rent By $300/Month?

by | Dec 30, 2011 | Tenant Law

Can My Landlord Raise My Rent By $300/Month?

I am in a situation with my landlord and I need help understanding my rights in this poorly written lease that I should never have signed. This is in the city of San Francisco. I am not sure how to classify the unit, it was advertised as an in-law, the common type you find in the Richmond and Sunset. The landlord lives in the top level, there is a second level that her family lives in, and I live in bottom basement level. I do not know if this is a legal unit as it has no smoke detectors or carbon monoxide detectors, there is no separate address or PG&E meter and I’m almost certain it was built before 1979. Anyway, that isn’t really the issue.

I signed the month-to-month lease in May 2011. Later my boyfriend moved in. The lease does not limit occupancy to myself, or state a maximum occupancy requirement. The lease does not have any terms prohibiting subletting.

Anyway, my boyfriend has been living there for months, he even paid rent one month and she accepted and cashed the check.

Today, she emailed me saying she wants to raise rent from $1,300.00 to $1600.00. She didn’t ask for anything in writing, didn’t ask to have him sign onto the lease, its all about money.
My question is can my landlord raise the rent higher than 6%? Am I breaching my lease as there is no clause against another occupant? I just noticed the part that says landlord will return security deposit no later than 60 days. I know CA law requires 21 days, what do I do about that?

Last week I mentioned that there are several major recurring themes in landlord tenant relationships. You have encountered a few of them.

First, most landlords cannot see past their noses when it comes to money. It’s always all about the money. Second, some landlords seem to want to cut off their noses just to increase the rent. Third, don’t live in the same building as a landlord. You’re likely to encounter a troll in the basement, or as in your case, upstairs.

If I was Mitt Romney, I’d bet $10,000.00 that you live in an illegal unit. In “Tenant Troubles: Can I Be Evicted Just Because My Apartment’s An Illegal Unit?,” I outline some of the things to look for to determine if your unit is an illegal in-law.

Illegal in-law units have been a source of landlord tenant tension for years. They are some of the best deals in town and can be pleasant places to live, until the landlord starts screwing around with the tenant or a new owner wants to remove the unit from the market.

All of the lawsuits we have filed are based on facts similar to yours. The landlord gets greedy. The tenant realizes the unit is illegal and reports it. The tenants loses a cheap place to live and the landlord loses the income from the unit forever–a lose, lose proposition initiated by landlords just like yours.

The unit, regardless of its status, is rent controlled because the building was built before 1979 and it has two, if not three, units. Therefore, the landlord can only increase the rent based on the allowable annual increases determined by the Rent Board. The landlord cannot increase the rent at all until you’ve lived in the unit one year. In your case, the rent can be increased next May by the allowable 1.9% or $24.70.

I looked over your lease and, indeed, it does not prohibit subletting. The landlord would be foolish to attempt to evict you for allowing your boyfriend to move in. (Foolish in any case because you should report the unit to the DBI if the landlord attempts to evict you at all.)

I’d make another one percenter style bet that when you move, the landlord won’t return the security deposit. It’s just par for the course for Cheese Balls like this. California law will trump the terms of your lease. The landlord should return your security deposit in full (Remember, she shouldn’t be renting the place at all.) within the 21-day period.

What do you do if the landlord refuses to return the deposit? You sue her.

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Can I Break My Lease Due To My Insane Landlord And High Cats?

Can I Break My Lease Due To My Insane Landlord And High Cats?

by | Sep 22, 2011 | Tenant Law

Can I Break My Lease Due To My Insane Landlord And High Cats?

My husband and I moved into our apartment about 6 months ago. It is rent controlled. There are 6 units. My husband also has a very visible disability, which we fully disclosed diagnosis when signing the lease even though we weren’t required. The past 5 months have been hell.

I have a letter from a previous tenant who lived here for 4 years saying that he and his girlfriend were finally forced out and gave up most of his deposit because he didn’t want to go to court. People are afraid of the landlord. Other tenants in the building are as petrified of him as am I.

The landlord suddenly moved a pot obsessed druggie into the basement under our apartment and our place is continually filled with pot and cigarette smoke. I think our cats are getting high and we’ve had to close our vents, which prevents us from turning on the heat. We’ve told the landlord about all of this and have many many insane letters from him. The downstairs neighbor parties until 3 or 4 am keeping us awake and when we call and text the landlord he never responds.

In fact, he was so bold as to say that the downstairs tenant accused us of harassment. I should also add that this tenant is an obvious friend of the landlord, whom I suspect he moved in just to make our lives hell so we’d leave and lose our $5,000 deposit. The landlord is also currently living on the property.

The landlord had his lawyer send us a “I’ll evict you or else” letter if we didn’t carpet 80% of our hardwood floor apartment in three days even though we had 2 medical letters stating that carpeting could cause my husband to trip and fall – which is why we rented the unit in the first place. He lied and said he had no knowledge of my husbands disability.

He has also just locked the utility room with the washer/dryer and water heater stating that if we want to use it we will need to pay $150 a month. We rented the apartment knowing we had the only rights to the washer dryer. In the lease, there is a statement that says he can take it away, as well as request we carpet apartment. The lease was 14 pages, which we didn’t fully read because we believed we were entering a contract with a reasonable human being.

I could go on and on but I fear this is already too long. Here’s my question:

We found another apartment and will be signing a lease and receiving keys on Thursday. Our lease is until May 2012. But we can’t stay here. Is there a legal way to break our lease quickly? Is there any way to be compensated for the moving fees we will be incurring?

Thank you for any advice. No matter what, I feel content that we will be out of this hell hole in a week – even if it means we’ll have to live on Ramen noodles and water for the next year.

It would be greatly appreciated if you could somehow mask this letter so our landlord doesn’t know we’re talking about him. The landlord doesn’t know we’re leaving yet and I know if he thinks I wrote this letter he will find a way to hurt me. Seriously.

As I was reading your email, I was thinking, I hope to hell she doesn’t want to ask about a strategy to stay in the unit. If the landlord is truly crazy as you paint him, I think you’ve made the right decision on a personal level to walk away from the lease. On a legal level, however, you should be aware that there may be some pitfalls.

As you anticipated, the landlord will not refund your security deposit. He will claim that you breached your lease for no reason and that he must apply the security deposit to rent he lost while trying to re-rent the unit. He will also claim that you set off a nuclear bomb in the place before you left.

Before you leave you must gather all of the evidence you can to show that you were forced out of the unit–either wrongfully evicted or “constructively evicted.”

First, reread my SF Appeal columns dealing with security deposits. You should also take a look at my blog post, “Grand Theft Security Deposit.” Take lots of pictures of the unit before you leave.

Second, I’m guessing that the landlord brought up the issue about the carpeting provision in your lease because the downstairs tenant allegedly complained about your noise. Even if the landlord lied about your husband’s disability, he was still on notice of it when you responded to the lawyer with the doctors’ letters. You can likely show that the landlord discriminated against your husband, based on his disability, if the landlord continued to insist that you comply with the 80% carpeting clause.

You mentioned that the tenant lives in the basement. Check the SF Assessor-Recorder’s website. to see if the unit is illegal. You may also need to get a “Certificate of Occupancy” or a “Certificate of Final Completion” from the Department of Building Inspection to understand how many legal units are in the building. If the unit in the basement is illegal, the landlord should not be protecting the rights of a tenant who should not be living there in the first place.

Third, you also need to prove that the landlord’s removal of the utility room a) is more evidence of harassment and b) that the lack of use was more than just a decrease in services, rather a necessary part of the tenancy and another reason you had to move.

Finally, gather all the crazy letters and see if you can get the neighbors to agree to testify against the landlord regarding his ongoing harassment.

The only way you will obtain any compensation other than the return of your security deposit is to claim: 1. Constructive eviction; 2. Wrongful eviction; 3. Disability discrimination; 4. Harassment; and several other causes of action in a lawsuit that you will have to file to get your security deposit.

If your allegations are true (believe me I’ve seen worse) and you do not sue the landlord because you fear him, he wins. In his mind , his actions are justifiable, economically sound and right.

Now, a little admonishment: Not reading a lease because you believe the landlord to be reasonable is, simply, suicidal. We have entered the era of Trust No One. These days anybody who pushes a piece of paper in your face and asks you to sign it is probably a crook trying to steal your money. The least you can do before you sign, is understand what you’re signing.

As an attorney, about the only thing I’ll sign willingly is an endorsement on the back of a check that I’m depositing in my own account.

Take all of your documents, including the lease to the San Francisco Tenants Union to develop a firm strategy going forward. You may also want to call some attorneys to determine if this is a case that is worth bringing in a court other than small claims. Ask the Tenants Union counselor for the list of TU approved attorneys.

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What Constitutes a “Decrease In Services”?

What Constitutes a “Decrease In Services”?

by | Jun 2, 2010 | Tenant Law

What Constitutes a “Decrease In Services”?

I have lived in a particular flat in the Mission for about 3 years. It was in horrible shape when I moved in, but my partner and I cleaned it up. The landlord always comments on how great it looks.

The problem is that there are a number of maintenance issues that never seem to get addressed. There are some wiring issues in the front of the flat where the lights don’t work. The roof leaks in several places, as well as the windows. The linoleum in the kitchen is peeling and there is a chronic mold problem in the bathroom (tub needs to be re-grouted).

Also, it doesn’t appear that we have regular trash service as we throw it out on our back stairs and it doesn’t get taken away every week. He also has refused our request for our FREE recycling and composting bins. I’ve written a couple of letters and I pretty much get a flat out “no” (in terms of the lights, flooring, garbage bins) or it takes him months to get anything done (like the roof, which is still a work in progress).

I almost want to call an inspector to force him to make the fixes, however I’m afraid that we will have to move out for an extended period of time and we risk losing the place. Our landlord only owns one rentable property, the rest of the building is his small business.

His main excuse is a lack of funds, which I can sympathize with. However, I would like to know what our options are. As I mentioned, the place was pretty much in worse condition when I moved in so I’m not sure if a “decrease in services” rent reduction is the way to go.

Of course you have a decrease in services! You’re living in a unit with a leaking roof, faulty wiring, persistent mold and no garbage service. You could be describing a trailer in Mississippi as opposed to a flat in San Francisco and your rent should be reduced accordingly.

This may be difficult to fathom, but you could be living in a death trap. I recently spoke to a tenant who described similar living conditions that were a pain in the ass but bearable because the rent was cheap. Bearable until the electrical outlets started sparking and a fire broke out in her young daughter’s bedroom.

Your landlord is a classic Cheese Ball. He’s so cheap he squeaks. He’s not above collecting your overpriced San Francisco rent. He’s happy to take all of the tax write-offs that are available to him and not to you. He’s a shabby little version of an insurance company–he wants to take your money and provide nothing in return. Believe me, the landlords who cry poor, like insurance companies, are some of the richest ones out there because they’ve squirreled away all their dough. In the worst cases these landlords kill tenants.

As I describe in Wet, Cold, and Moldy, my first SF Appeal column, you have already notified the Cheese Ball and now you need to do something about it.

Call a housing inspector from the Department of Building Inspection. Check to see if the building has complaints or violations from the past.

What? No garbage pick-up? You throw the garbage on the back stairs? Are we still living in the 18th century? Landlords are absolutely required to provide garbage service for both residential and business tenants. San Francisco Health Code 291.1, et seq. (and following sections) is clear on this point. Landlords who fail to provide garbage service can be convicted of a misdemeanor.

Will you be forced to move from your apartment because of the repairs? I think it is unlikely because the repairs do not, from your description, seem to be extensive enough to render your unit completely uninhabitable.

You may, however, reconsider moving out when you get sick of the landlord coming over every day to “inspect” rather than doing any work on the place. For this reason I insist that landlords use licensed contractors and that they provide 24-hour written notice pursuant to Civil Code 1954.

When all the violations are in place you should certainly file a petition at the Rent Board to reduce your rent due to substantial decreases housing services or call a competent tenant attorney to considering filing a lawsuit.

Good luck. You’re going to need it.

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My Landlord Says He’s Bankrupt, So How Do I Get My Deposit Back?

My Landlord Says He’s Bankrupt, So How Do I Get My Deposit Back?

by | Mar 17, 2010 | Security Deposits

My Landlord Says He’s Bankrupt, So How Do I Get My Deposit Back?

Bankrupt landlord.

I vacated my San Francisco, CA apartment over a year ago (I know!) when I was laid off, and never received my deposit. I completed my lease term and left the apartment in excellent condition. Upon moving out, I received an invoice from the landlord stating that I was owed my deposit plus interest. Well, it never came. I sent over a demand letter asking for my deposit to be mailed by a certain date, and just yesterday I received an email from the landlord stating that the property in which I rented a unit has been given to a receiver. I’m assuming this means that the property is now in foreclosure, yes? Anyway, the landlord went on to say that many others that were living in the building have already sued him for their deposits; they’ve all won, but weren’t able to collect because the property no longer makes any money for him. He personally has filed for bankruptcy.

What am I to do at this point? I think the amount in question is too small to take to an attorney’s office (it’s just over $2K), but I don’t think the San Francisco Tenants Union or even small claims can help me out with this one.

I have read various answers online – folks have said, “No, you cannot sue, that’s out of the question!” and someone else said, “The person or company that owns your building must return your security deposit to you. The law is quite clear on this point. On sale of the building, whether an ordinary sale or a foreclosure sale, your security deposit must either be transferred to the new owner or returned to you. And it’s the responsibility of the new owner to collect the security deposit from your former landlord. If the lender didn’t get the security deposit you paid, it’s not your problem. The lender still has to return it to you. If it’s not returned to you within three weeks after you move, you can sue the lender in Small Claims Court, just as you would any landlord, to recover the money.” (This was taken from Tenants and Foreclosure in California). Yet another said, “Sue him anyway in small claims, and try to put a lien on his property. There are other ways to collect!”

That guilty “I know” means you’ve been reading my columns. Once again, dear readers, if you don’t get your security deposit back twenty-one days after you move out and you can prove you deserve it, you gotta sue. Case in point, if this smug sleazeball wasn’t bankrupt a year ago, you’d have a judgment against him. Maybe you could have collected it, maybe not. At the very least you might be on his list of creditors for $6,000.00 rather than in limbo with a smaller chance of collecting $2,000.00!

But all is not lost. First, you need to figure out if the landlord is in foreclosure, if he filed for bankruptcy, or more interesting, if the bank now owns the property. Or even more interesting, is the landlord simply a lying sack of shit? What? You didn’t consider that possibility? Well, dear readers, that’s lesson two for today. Why would you believe anything that comes out of the landlord’s mouth (or ip address) without checking it out?

Get the block and lot numbers for the building. Check out the SF Assessor-Recorder’s website. for the San Francisco Assessor-Recorder’s office. Check the disclaimer and fill in the address. Remember that if your building has a series of addresses use the first one. As I was checking the viability of the link, once again I realized that this is one of the squirreliest websites run by the City. Everyone should write a letter to Phil Ting and tell him to fix it.

When and if you find the block and lot number, go to the Recorded Document Search By Year Menu, also part of the Assessor-Recorder’s site. Use the block and lot search rather than the address search. I’ve found that to be more precise. You won’t be able to see the documents but you should be able to tell if the building is in foreclosure. Check for Notice of Default, or look and the grantor/grantee in the latest deed. If you want to see the documents, you have to go to City Hall.

Next you have to know if the landlord declared bankruptcy. You will have to either visit the U.S. Bankruptcy Court or for online information subscribe to the Public Access to Court Electronic Records (PACER) service. You will have to pay small fees for either means of access.

In a nutshell, if the landlord has filed for bankruptcy, there may be a stay on any lawsuits, meaning you can’t file one against him. You should, whatever the status of the case, contact the trustee and demand to be included in the list of creditors. Civil Code 1950.5(d) is clear, “Any security shall be held by the landlord for the tenant who is party to the lease or agreement. The claim of a tenant to the security shall be prior to the claim of any creditor of the landlord.” Here is where you have the, not ironic, luck of the Irish. The landlord admitted, in writing, to owing you the money.

If the landlord is in foreclosure and still owns the property, but not in bankruptcy, SUE HIM NOW.

If the building has been sold at a Trustee Sale, SUE THE NEW OWNER NOW! Civil Code 1950.5(h) provides for the transfer of security deposits to a new owner and refund to the tenant, if applicable. Civil Code 1950.5(j) states in part, “In the event of noncompliance with subdivision (h), the landlord’s successors in interest shall be jointly and severally liable with the landlord for repayment of the security […]“

Today is the day to think green, that is, about getting your money back. You don’t need a leprechaun for this. You may need a few shots of Jameson. But what you really need are the guts and persistence to stand up for your rights.

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Every Tenant Has One–An Implied Warranty of Habitability

Every Tenant Has One–An Implied Warranty of Habitability

by | Aug 12, 2009 | Habitability, Tenant Troubles Classics

Every Tenant Has One–An Implied Warranty of Habitability

No, not a rat or a rat-like landlord (although you may have both). Every tenant has an implied warranty of habitability. In last week’s post I listed several conditions in a unit that constitute breaches of the implied warranty of habitability. If you find an electrocuted rat in your kitchen stove, odds are that your landlord has breached the implied warranty of habitability in your lease. What if he won’t fix the problem? What can you do?

Believe or not, one of the most common strategies for tenants is to do nothing. Many tenants are willing to put up with significant breaches of the warranty of habitability like no heat or mice partying in the kitchen all night because the rent is cheap and they don’t want to make waves with the landlord. Besides, the Cheese Ball landlord won’t fix the problem correctly anyway. “Here’s a space heater and some rat traps and some buckets.” Or worse, the landlord’s “contractor” who will tear the place up for weeks on end only to leave a gaping hole in the bathroom. So tenants do nothing or repair some conditions themselves.

I understand the dilemma. As an ex-house painter, handyman, there are many repairs I can make myself. In a former tenancy I did that, until the back stairs separated from the house and raw sewage filled the garage twice in one week. I had to communicate more effectively. That tenants are still afraid of reprisal because they ask a landlord to do his job is a disgusting state of affairs, indicative of a system of law and enforcement hasn’t improved much over a thousand years. If you are a tenant you are still a villain.

Inform the landlord in writing.

If you are starting to feel raw at the backside from taking it from the landlord, start by complaining to the landlord in a letter. No phone calls. If you ever have to enforce your rights, the landlord will lie and say he was never informed. You can’t prove that you informed him with a phone call. Include photos of the offense if you can. You’re being helpful by including photos and you’re also implying that you are documenting the offenses and that he better get his ass over there pronto. Be polite. Nobody will read a letter that is over a page long so make it short and sweet. Remember to ask the landlord for a reduction in your rent for the time you had to put up the sewage, rats, leaks, mold, etc. Also ask for the value of any personal property that was damaged by the sewage, rats, leaks, mold, etc.

Don’t make any threats in the first letter unless you have been calling the landlord about the same problem. If you have already informed the landlord or if you are writing your second letter, tell the landlord that you will be calling the appropriate authorities if he doesn’t fix the problem immediately.

Call a housing inspector.

In San Francisco you can call a housing inspector from the Department of Building Inspection (DBI) or the Department of Public Health to report substandard conditions in your unit. You can arrange for a housing inspector to visit your unit. If they find violations of the housing or building codes they will issue a Notice of Violation (NOV). Usually the landlord will have 30 days to correct the defective conditions. NOVs are public records and copies are available at the DBI. You can also view complaint and permit details online.

In other counties, code enforcement is usually the purview of city government. You can find out how to request an inspection by checking your city’s website and searching for “code enforcement.” I have provided a list of links for selected cities on this site. NOVs make great evidence if you need to file a Rent Board petition or sue later.

Childhood Lead Poisoning Prevention Programs

If you have a small child and you have peeling paint and paint chips call your local Childhood Lead Poisoning Prevention Program overseen by the California Department of Public Health. Don’t wait for the landlord to perform shoddy and unsafe repairs.

File a petition at the Rent Board.

If the landlord will not decrease your rent or replace your damaged belongings, gather your letters, photos and NOVs and, if you have one, file a petition at the Rent Board for decreases in services. You should check with your local Rent Board to find out what you need to do to file a petition. I will also be writing about that in a future post.

Repair and deduct from rent?

If the landlord refuses to correct the problem after receiving an NOV (believe me, many of them refuse despite the threat of fines) should you repair the problem yourself and deduct the cost from the rent? In fact Civil Code §1942 only requires that you notice the landlord of the substandard conditions and that you are presumed to have given the landlord sufficient notice after 30 days. However, you can only deduct an amount up to the value of one month’s rent. I rarely recommend this course of action because you could find yourself in an eviction action for nonpayment of rent which could be very expensive to defend. Never, ever just stop paying rent without consulting an attorney or discussing it with your local tenants union.

Move out?

If you or your loved ones are truly endangered by conditions in your unit, and you can prove it, sometimes the only alternative is to get out. This is called constructive eviction—even though the landlord hasn’t given you a notice to quit (move out) his negligence has forced you to move. The obvious example of constructive eviction is when the roof caves in after you warned the landlord about the leaks. You have no choice but to move. It is likely you will have to sue the landlord for your damages, so you must be certain that the landlord’s failure to repair caused the unsafe conditions that forced you to move. Consult an attorney about this, if it’s not obvious to you and everybody else that you simply must move.

Sue the landlord for breach of the implied warranty of habitability.

If your damages are $7,500 or less (California) you can try to sue in small claims court. Marshall all of your evidence, then before you file check out Everybody’s Guide to Small Claims Court in California, by Ralph Warner for Nolo Press.

If you feel your case is worth more than $7,500 and that it will be worth the time and effort to sue the landlord in superior court, consult a lawyer. Sometimes it’s a good idea to join with other tenants in the building to make the case attractive to an attorney who will consider representing you all on a contingency basis. If you live in San Francisco join the San Francisco Tenants Union and get a copy of their list of lawyers who only represent tenants.

Call the district attorney?

Only if the conditions in your unit are bad, I mean criminally bad—violations up the wazoo with serious, life threatening injuries and rats the size of cows. Usually you have to be dead to warrant any attention from district attorneys because they have real criminals to catch, you know, like pot smokers.

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Grand Theft Security Deposit

Grand Theft Security Deposit

by | Jun 16, 2009 | Security Deposits

Grand Theft Security Deposit

I volunteer for the San Francisco Tenants Union two days a week. Each shift runs about two hours. I have been doing this for several years. Every time I’m there, without exception, I speak to at least one tenant who moved out of his or her apartment and the landlord kept the security deposit—sometimes part of it, but most of the time, the whole freaking thing! I see the photos, the carpet cleaning bills and the polite requests for refunds. But the landlord had some remodeling he wanted to do at the tenant’s expense.

I’ve been keeping an informal tally of the money landlords retained in bad faith—that’s lawyerese for pinched, ripped off, stolen. I estimate that I see an average of about $3,000 each time I volunteer. That’s $300,000 per year that just one guy listening to tenants four hours a week knows about. And that’s just from the small percentage of tenants in San Francisco who find their way to the Tenants Union to find out about their rights. A jury in Oakland recently awarded tenants $5.5 million in punitive damages for a landlord’s theft of security deposits. My guess, based on personal experience, is that hundreds of millions of dollars have been pilfered…I mean retained…by landlords statewide!

What can you do as a tenant to stop it? Get familiar with California Civil Code §1950.5. The law provides that you should be able to get your deposit back if you leave the unit in substantially the same condition as you found it absent normal wear and tear. So how do you prove that?

• Take photos of the place before you move in.

• Inspect the unit with your landlord and fill out a move-in checklist delineating the condition of the unit like the kind you initial before you rent a car.

• Clean the oven. Landlords are drawn to ovens like Sylvia Plath, but for different reasons. Greasy, grimy ovens make great incriminating photos.

• Clean the refrigerator.

• Don’t leave garbage piled up around the garbage cans or leave a pile of trash in the street because you think someone might take it .

• Patch nail holes. Use light-weight spackle available in all paint and hardware stores and apply it with your finger not a putty knife. Putty knives leave big square swaths of material that emphasize the patch rather than minimizing it.

• Touch up the patches. Find some matching paint in the garage to touch up the patches. If you can’t find any, take a 2”x 2” sample from a low place in the wall and have the local paint store match the color.

• Inspect the unit with your landlord using a move-out checklist.

• Always, always take photos just before you leave the last time. I suggest that tenants take an establishing shot of each room and then take any detail shots. That way a third party can see things in perspective. Take lots of photos.

Civil Code §1950.5 provides for a move-out inspection to assess items to be cleaned or repaired to justify return of a tenant’s security deposit. I attended one the other day. Of course the landlord was okay with the peeling paint and mold in the shower because that was a condition in the unit when my client moved in, but when she pointed out some dust on the louvered closet doors and tisk tiskingly wagged her bony finger, I about hit the roof.

Yes, there will always be justifications for keeping your money. The landlord who charged $100 per hour to clean the unit or the guy who found the pubic hair on the hardwood floor, took a photo and blew it up as an 8 ½ by 11 for a trial—the ol’ Clarence Thomas defense.

A landlord is required by law to provide you copies of invoices from people who did repairs or cleaning in the unit. If the landlord provides receipts, call the vendors and ask them if they did the work. Sometimes the answer is, no that was just an estimate. Sometime it was work performed in other units.

What do you do when the landlord refuses to refund your security deposit? YOU SUE.

Civil Code §1950.5 also provides statutory penalties for two times the entire security deposit plus the money withheld in bad faith. Write the landlord a letter demanding your money and remind him that he could be liable for treble the amount he kept. Give him few days to pay. If he doesn’t pay, gather up your photos and other evidence and march down to court. Because it is likely you’ll be suing in small claims court, pick up a copy of Everybody’s Guide to Small Claims Court in California, by Ralph Warner for Nolo Press.

I’m usually not one to gin tenants up to sue. It’s a pain in the ass. But this is important.

Only you can stop grand theft security deposit!

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