"HOW TO" ADVICE ON SECURITY DEPOSITS
By: Dallas Atkins, Attorney at Law
I would love to see all UCSB students get back their security deposits. Some of you will; some of you won廠. Of those of you who don廠, some of you should have gotten back your deposit, or more of your deposit. First, use prevention. If that doesn廠 work, use negotiation. If that fails, use demand letters and legal procedures. Prevention and negotiation before you move out: Make sure the place you rented is as clean when you move out as when you moved in and that there are no damages beyond ordinary wear and tear.
After you clean and move your stuff out, take photos and/or videos. Keep receipts if you pay for cleaning or repairs on your own, and get the name of the cleaner and the repair person and the company name, address, and phone. Ask the landlord or manager to meet with you at the apartment when your apartment is ready and before you turn in your key. Go over the old inventory list and the current checklist with him/her, and egotiate agreement on all the items. If you can get the landlord to make separate proportional checks to each tenant (or one check to one tenant whom you all trust to distribute the shares fairly and promptly, after signing an assignment with the landlord), it will save you all a whole lot of hassle in trying to get all of your signatures and in dealing with some banks that won廠 cash the check unless all of you are present. Demand letters and legal procedures if landlord doesn廠 refund your deposit: The landlord can deduct from your security deposit amounts to repair damages beyond ordinary wear and tear and necessary cleaning, as well as unpaid rents.
The landlord has only 3 weeks from your move-out date (when all of the tenants are moved out) to either refund the entire security deposit to you or to hand you or mail you (first class mail) an accounting of what has been withheld and why, along with a check for the remainder. If the landlord does not comply with this obligation within 3 weeks, then write a demand letter to the landlord. If that does not get you your money, you can sue in small claims court. You will have to prove the withholding is unwarranted with witnesses, photos, video, and/or receipts. You can claim as damages not only the amount owing to you but also $ 600 in punitive damages if the landlord has withheld the deposit "in bad faith," meaning not just from ignorance or a mere difference of opinion. Help is available if you have to pursue the landlord: Give us a call at ASLRC 893-4246.