Can landlord keep my rental deposit? 2 Answers as of October 04, 2017

My landlord kept my 1700 dollar deposit and charged me an extra 242 dollars. He charged me for a sink and other repairs that I had noted as pre-existing upon move. I even sent pictures in an email my first week in the apartment. I also sent move out pictures when I left. He is also charging me late fees on rent for after I moved out. Is this legal?

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Patrick W. Currin, Attorney at Law | Patrick Currin
If he charged you for pre-existing conditions it is not legal. Sue in Small Claims.
Answer Applies to: California
Replied: 10/4/2017
Law Offices of George H. Shers | George H. Shers
He must show that you caused the damage and how much it would cost to repair it. Some judges will not accept the amount of time he might put in to repair the damage himself. Within 28 days of your vacating, he must send to you an itemized list of the repairs needed and their cost, and send you any part of the deposit above the cost of repairs. In the future, it is best to make a pre-move in inspection with the landlord and directly state what damage already exists. It is good you took photos. If you move out before the 30 days has expired on your required notice to the landlord, you can be charged for any days within that 30 days the unit has not been rented out if the landlord has made a reasonable effort to re-rent the place.
Answer Applies to: California
Replied: 10/4/2017
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