The Security Behind Your Deposit: How to Get It Back

Lanlord/Tenant Law is not one of my general areas of practice, but like every lawyer, I have friends who often ask my advice about legal issues with which they are faced. Recently, a friend asked for my help in corresponding with her former landlord regarding charges taken out of her rental security deposit she felt were unwarranted.

As landlord/tenant issues are among the most common legal questions I receive from friends, I'd like to discuss rights and responsibilities regarding security deposits in this post. At the end I shall include a sample letter you can send to your landlord for return of your deposit.

Please note all information in this post is specific to California law. The laws of your state or jurisdiction may differ. Many states offer renter's handbooks that would include important laws, or you should contact an attorney licensed in your jurisdiction for assistance.

- L.J.

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The most common dispute between landlords and tenants is the return of the security deposit. A security deposit is money paid in advance of a tenancy by the tenant to protect the landlord against any damage that may occur to the property while the tenant inhabits it. Section 1950.5 of the California civil code addresses security deposits and a tenant's rights regarding return of the deposit.

Security Deposits

The maximum security deposit a landlord may charge is equal to two months' rent if the unit is unfurnished, or three months' rent for a furnished unit. The security deposit is just that - a deposit for the security of the unit. It is not a fee or last month's rent.

When you move out of the unit, you are entitled to a walk through inspection of the unit with the landlord. Always request one. At the walk through you will have the opportunity to dispute any claims of damage or depreciation asserted by your landlord if you disagree with such claims. You also will then have the opportunity to correct any problems.

If there is indeed damage to the unit, the landlord will deduct the cost for cleaning and repairs from your security deposit and will return the unused portion of the deposit to you. A landlord may not charge you for standard cleaning or repairs caused by ordinary wear and tear. For example, over time carpets wear down from ordinary foot traffic - if they didn't we would never have to replace them. Carpets typically have a life expectancy of 5-10 years, with 7 years being the most common expectancy. Your landlord may not deduct the cost of the ordinary wear and tear from your security deposit. However, if you invited 300 of your closest friends over to walk around in their muddy shoes and your formerly white pristine carpet is now black, your landlord can charge you for the cleaning or for depreciation to the carpet.

Your landlord should include an itemized list of any repairs and the cost of such repairs when returning your deposit. Any repairs made by a third party (cleaning company, painter, contractor, etc.) should include a copy of the invoice. The landlord must include a description, total cost, hourly charge and time it took for any repairs made by the landlord or his/her staff. All charges must be reasonable.

Depreciation

A landlord may also deduct any charges for depreciation from a tenant's security deposit. Depreciation is the decrease in value due to use. Most items depreciate over a certain life expectancy, but heavy use may decrease its useful life. Examples of items in a rental unit that may depreciate include the carpets, tile or other flooring, cabinets, appliances, doors, etc. Let's consider the example of a dishwasher.

Terry Tenant used the dishwasher at her rental unit in many ways in which it was not intended, including giving her car engine a thorough cleaning through the "pots and pans" cycle. The oil, grease and grime residue, as well as the heavy engine caused irreversible damage to the dishwasher. Terry Tenant is moving out and Larry Landlord discovers he will need to buy a new dishwasher in order to rent the unit. He wants to charge Terry for having to replace the dishwasher, but it is not fair to charge Terry the entire cost, as future tenants will benefit from the new dishwasher, and previous tenants used the old dishwasher. Thus, depreciation is calculated using the life expectancy, useful life and cost, and Terry is only responsible for this cost.

The IRS depreciation schedule for dishwashers is 5 years. Let's say Terry lived in the unit for 1 year, and the dishwasher was already two years old when Terry moved in. So, the dishwasher needs to be replaced at 3 years old, but it should have lasted 5 years. Thus, the dishwasher should have lasted for 2 more years (5-3), but due to Terry's use now needs to be replaced. Terry will be responsible only for the lost life of the dishwasher, or 2/5 of the cost. If the dishwasher cost $1,000.00, Terry is responsible for $400.00 (2/5 x $1,000.00).

What Should You Do?

If you believe your landlord has over charged you for certain repairs or has withheld part (or all) of your security deposit without justification, you should first write a letter to your landlord explaining which charges you find unreasonable and why. You may wish to discuss the matter over the phone with your landlord, but be sure to also send a letter via certified mail, return receipt requested. Keep the letter on point and respectful. See the sample letter below.

If your landlord does not respond or refuses to return your deposit, you may want to file a lawsuit in California small claims court for the return of your deposit, court costs and possibly a penalty. If you believe your landlord is acting in bad faith in refusing to return your deposit, California law entitles you to recover twice the amount of the security deposit. As with any legal matter, you should contact a knowledgeable attorney if you have questions or concerns.

However, before you file a lawsuit in small claims court, you should stop and analyze the landlord's claims of damage. Did you leave the unit in the same condition as when you moved in? Are you sure the unit did not require any additional cleaning, painting, carpentry, etc.? Occasionally tenants are unrealistic about the condition of the unit and end up losing money going to court.

Real World Application

Below is a sample letter requesting the return of portions of the deposit withheld for carpet repairs. Please note the information in the letter is only an example for a specific situation. Be sure to include the relevant facts in your situation in the letter you send.

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Date

Sent Via Certified Mail - Return Receipt Requested

Larry Landlord

Landlord Properties

123 Main Street

Anytown, USA

Re: Return of Security Deposit

Dear Mr. Landlord:

I am in receipt of the check you sent to me for Three Hundred Fifty Dollars ($350.00) for the return of my security deposit ("Deposit Return") in connection with my lease of the property located at _______[your address]__________________________________ (the "Property"). I dispute the Check Out Report and Statement of Charges ("Check Out Report") you included with the Deposit Return.

As you know, we executed a Residential Lease ("Lease"), for lease of the Property beginning ____[beginning date]_____________ and terminating _[end date]_____________. In accordance with Section 4 of the Lease, I agreed to pay a security deposit of Eight Hundred Fifty Dollars ($850.00) ("Deposit") and made such payment on the date the Lease was executed. In accordance with the terms of the Lease, the Deposit was to be returned to me, less any fees or sums due, within twenty-one (21) days of my vacating the Property. I vacated the Property on _______________ and completed a thorough cleaning of the Property prior to my departure. There were no damages to the Property beyond ordinary wear and tear.

The Check Out Report you sent indicated the total damage, cleaning and repair charges amounted to Five Hundred Dollars ($500.00) which was subtracted from the Deposit. However, the charges indicated on the Check Out Report are unwarranted and unreasonable and should never have been deducted.

The Check Out Report included the following charges:

Pre-treat and deodorize carpet before steam clean $50

Carpet Steam clean XYZ Carpet Cleaning Invoice $150

California law permits a landlord to retain any portion of the security deposit to restore the premises to the same condition at the commencement of the tenancy, excluding any normal wear and tear. Cal. Civ. Code § 1950.5(b). I regularly kept the carpets of the Property clean by [weekly vacuuming, regular steam cleaning, etc.]

I understand that landlords systematically steam clean the carpets of an apartment before a new tenancy begins. However, California law only requires me to leave the Property in the same level of cleanliness as it was when I moved in. Any repair needed at that time was due to normal wear and tear and cannot be withheld from the security deposit. Cal. Civ. Code § 1950.5(b).

Additionally, the Check Out Report included a Three Hundred Dollar ($300.00) charge for "Depreciation of carpet." As the above paragraph states, the carpets were cleaned on a regular basis and never sustained any damage. [If you took photographs or have other evidence of the state of the carpets, mention it here]. There is nothing to indicate the charge for depreciation was anything more than reduction in value due to normal wear and tear over the life expectancy of the carpet. Moreover, the Check Out Report did not include the formula used in calculating the cost of depreciation. Carpet depreciation must be calculated using the cost of repair, life of the carpet and length of the tenancy. You will need to provide such information, including your depreciation schedule with the Internal Revenue Service (IRS) to justify the depreciation charge.

Further, charging fees for cleaning the carpet and for depreciation to the carpet is conflicting and cannot be reconciled. As a landlord may not charge for ordinary wear and tear or standard cleaning before a new tenant assumes the premises, the fees you imposed for cleaning the carpets of the Property suggest you believed there was damage to the carpet beyond normal wear that could be resolved through cleaning. However, charging for carpet depreciation implies the damage to the carpet could not be resolved through carpet cleaning and thus had resulted in a decreased value of the carpet. Furthermore, there is no reason fees for carpet cleaning or carpet depreciation are warranted as the carpet was in the same condition as when I moved in.

While I believe it is in both of our interests to resolve this amicably, I am prepared to pursue this matter [in mediation in accordance with the Lease, and] in Small Claims Court, if necessary. You should be aware that unreasonable charges by a landlord, such as those included on the Check Out Report, are determined to be in bad faith and can result in a penalty of twice the security deposit as well as any amounts improperly withheld. Cal. Civ. Code § 1950.5(l). Additionally, California law permits the award of attorney's fees, should this matter go to court.

I dispute all charges contained in the Check Our Report as they are caused by normal wear and tear and thus are unreasonable under California law. I demand you return the remainder of my Deposit which was unreasonably withheld, Five Hundred Dollars ($500.00) within ten (10) days to the address below. If I do not receive response from you within this time frame I shall be forced to take further action.

Please be advised that I reserve all rights and remedies available to me not explicitly stated herein.

Very Truly Yours,

Terry Tenant

Disclaimer: This post is offered for informational purposes only and should not be construed as legal advice. Your comments are welcome at legaljunck@gmail.com, but contacting me, commenting below and/or reading this article does not create an attorney/client relationship. If you require legal assistance you should contact an attorney licensed to practice law in your jurisdiction.

Lindsay Junck is California attorney practicing business, corporate, internet/technology and intellectual property law. This and other articles are available on her website, http://www.legaljunck.com/.

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Theft Lawyer: Possible Scenarios That Would Require a Lawyer's Help

You may be generally against stealing, so you might assume you will never need the help of a theft lawyer. However, there are some instances in which you are considered to have stolen, even if you are not aware that what you have done is a crime. You should learn some little-known ways that you may have stolen before, in which case you may need an attorney if someone decides to turn you in.

If you have purchased property that you knew was stolen, you may be in trouble for it. Of course, you have to be caught by the police first, which is not always likely. But if the person who originally stole the property offers the police your name and contact information, you may at least be questioned. If it turns out you knew all along that what you purchased was stolen, you may face penalties. In addition, if it turns out you sold items that you knew were the product of theft, you will likely face consequences and will need to hire a theft lawyer.

Even renting items can turn into charges if you do not turn them in on time. For example, if you rent a car or RV and do not turn it in when the rental period is over, you may be charged. Of course, most owners will first try to get their property back by contacting you and possibly charging late fees the longer you hold onto it. However, if you disappear with the vehicle without notifying the owner that you will be turning it in late, do not surprised to face legal trouble. You may need to hire a theft lawyer to avoid serious penalties, such as jail.

Perhaps you have found an item someone has been looking for. You may feel good about yourself for a while after finding it, thinking the other person will be grateful. However, the longer you hold onto it, the longer you might decide you want to keep it. If you do decide to keep the item instead of giving it back, you could be penalized by the law if the owner of the item finds out. So unless you want to have to hire a theft lawyer, you should think twice before holding onto something that is not yours, unless you plan to give it back.

Many people think these actions are innocent. However, if you are caught doing any of these things, you could be in legal trouble. If you are already facing charges similar to these, you will need to hire an attorney to help.

When you're in trouble, you need to call a Los Angeles theft lawyer. Get help with your case at http://www.gunsberglaw.com/

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Tips To Help You Find The Right Litigation Lawyer

When some people are charged with a crime, they think that it is a good idea to represent themselves and save some money by not hiring a proper lawyer to represent them. In all reality, you could end up spending even more money or seriously disadvantaging yourself by taking a similar route. It is important to keep in mind that a trial can be a very long and complex procedure, so it helps to have an experienced litigation lawyer on your side to help you every step of the way. Not only will they ensure that all paperwork is filled out and filed correctly, they can offer you legal advice at each stage of the trial process.

But how do you ensure that you are hiring the best litigation lawyer for your circumstances? There is no denying that there are plenty of these lawyers out there, it's just a matter of wheedling out the good from the bad:

• Speak to family and friends
You never know who has used a litigation lawyer in the past so, by asking family and friends for suggestions, you may be able to find one who has been recommended.

• Search online
In this age of the internet, many lawyers choose to advertise their services online. Looking through the profile of a lawyer before you meet with them can actually tell you a lot about the person you are thinking about hiring.

• Ask about experience
You should always hire a litigation lawyer who has been practicing for a while - the more experienced he (or she) is, the better they will be able to represent you. You may also find that an experienced lawyer has dealt with a case similar to yours in the past, giving them invaluable experience that could make or break your case.

• Take your time
You should never hire the first lawyer that you speak to. As the initial meeting is generally free, you should try and meet with two or three before making a decision.

• Be honest
If you want your litigation lawyer to help you out, you need to make sure that you tell them absolutely everything about your case. If you do not do this, your lawyer will be unable to help you as well as they would have otherwise.

By using the above tips you can make sure that you find the best litigation lawyer for your needs and that you are comfortable in your choice. You should never try to represent yourself in court, as you could seriously damage your chances of coming out on top - instead, hire a lawyer who specializes in litigation and allow them to represent you to the best of their ability.

This article suggests some tips to help you find the right litigation lawyers. Mason Sier Turnbull litigation lawyers provides strategic advice and solutions to their clients.

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All About Hiring an Immigration Attorney

Even if you're going through a very simple process, relatively speaking, regarding immigrating to the U.S., you are almost certainly better off hiring an immigration attorney to handle your case. Though they have made some strides in getting better about simplifying some of the forms, the process itself is rarely user-friendly. This is especially true when you don't speak English, which is the case for many going through the system. A lawyer can do many things for you that you will find difficult to do on your own. If you've made the decision to hire representation, here are some ways to make your choice.

Word of Mouth

Obviously, the easiest way to hire an immigration attorney is by using someone referred to you by a friend or a colleague. You'll have the instant peace of mind that comes with knowing you'll be working with someone who has already done good work with someone you know. If you don't think you know anyone who has worked with a lawyer in this respect before, it might be worth asking around. You may run into someone who knows a good lawyer in another field, who can then recommend someone in the appropriate field.

Use AILA

One of the best ways to find an immigration attorney in your area is to use the American Immigration Lawyers Association database. You can access their database through their official website, which should give you some names in your area. Starting with those names isn't a bad idea, but you can also use the opposite path: looking someone up in AILA that you've found through other means. While membership is AILA is far from a requirement to be a respected or even an excellent lawyer in this field, it's something you can evaluate and take into consideration, giving it whatever weight you feel is appropriate.

Compare Fees

A good immigration attorney should be willing to set up a free consultation with you, or at least meet with you for a nominal fee. You can use this meeting to interview the lawyer, explain your case, and get an idea of what he can do for you. You can also use this opportunity to learn what you'll be paying for the privilege of hiring him. Don't get sticker shock; lawyers are expensive. But if they can help you get through the government system successfully, they are worth every penny. At the same time, you may wish to meet with a few lawyers and compare their rates. Hiring the most expensive guy in town isn't necessarily going to net you the best representation.

An immigration attorney Woodbridge might be the key to getting your citizenship. If you're really in the market for one, check out:  http://www.thewoodbridgeattorney.com/.

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About Social Security Disability and Medicare

When your Social Security Disability claim is approved, it is expected that you will get the following benefits under this Social Security program:

• A specific amount of monthly benefits that is computed based on your work history and the Social Security tax contributions you've made during your years of employment
• Back payments that are given through a lump sum and are equivalent from the time you applied for disability programs, plus as much as 12 months retroactive to the date of your application
• Medical benefits
• Family benefits, if you have dependents such as your spouse

The only constant here is the amount of benefits you receive every month, including your back payments given on the first month and, if applicable, family benefits. However, medical benefits are only available if you have been receiving benefits for two years or more. Once you've reached your second year of receiving disability benefits, you can be eligible to apply for Medicare.

About Medicare

Medicare is a separate program that is run by the Centers for Medicare & Medicaid Services. It is the country's health insurance program that is not only available to those who are under the Social Security Disability program for two years or more. It is also available to people aged 65 and older, people younger than 65, and people with certain disabilities, such as permanent kidney failure or amyotrophic lateral sclerosis or Lou Gehrig's disease.

The cost of your health care needs is covered by Medicare. However, you must make sure that you will consider other options for private insurance because the health insurance program does not pay for long-term care.

The portion of the payroll taxes paid by workers and their employers is used to finance Medicare. Monthly premiums that have been deducted from Social Security checks are also used to finance the program.

Parts of Medicare

The Medicare program is divided into four parts:

A. Hospital Insurance, which helps pay for inpatient care either in a hospital or in a nursing facility
B. Medical Insurance, which helps pay for the services of the doctor and other medical services and supplies
C. Medicare Advantage, which is a plan given by a provider organization that enables you to receive all of its health care services as long as you have Parts A and B
D. Prescription Drug Coverage, which helps pay all of the medications prescribed by your doctor

If you think you can qualify for Medicare, you can go to the website of the Social Security Administration for more information. If you have concerns about your claim, especially your medical coverage, you can consult with any of the Los Angeles social security claim lawyers for proper guidance.

Ashley Casas spends a lot on the internet. She is an advocate of rights and mostly dedicated on writing articles more about disability attorneys in California and write helpful tips on how to apply on social security disability insurance and the like daily.

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What It Takes to Be a Divorce Attorney or Any Lawyer

Becoming a lawyer usually takes about four years of undergraduate study and then three years of law school for a total of seven years of study. Even though a bachelor's degree is usually required to enter into law school, no specific major is required, though those who study things like English, public speaking, government, economics, history, and mathematics will find those subjects very useful. More than that, usually students applying for law school will need to take the Law School Admission Test, which measures the student's aptitude for law study. Competition is extremely high to get into the very prestigious law schools, like Harvard or Yale.

Once into law schools, the law student will usually study things like contracts, constitutional law, property law, legal writing, and civil procedure. They will then choose from there to specialize in one section of law, such as marriage law, which would help them become a divorce attorney. While in school, they will often be able to gain practical experience by taking part in different legal clinics, moot court competitions, and in different practice trials, which are usually supervised by experienced lawyers and judges. They can also often gain experience through writing and researching for the school's law journals. Another way that students can gain experience is through summer jobs or part-time jobs at law firms. This can help them decide what they would like to specialize in during school. For instance, if a student was thinking about becoming a divorce attorney, they could try to work for or intern at a divorce attorney firm. Being able to work closely with a divorce attorney would help them see the daily tasks of this kind of lawyer and would hopefully let them figure out if this kind of law were the place for them.

Once a student graduates, they will need to take the bar exams. Only if they pass and are admitted to the bar can the actually practice law. Requirements vary from state to state, and often if a lawyer wants to practice and be licensed in more than one state, they will need to take different bar exams. More than that, to continue practicing law, most states require that a lawyer have continuing education every one or every three years. The reason for this is because laws are constantly changing, coming into existence, or being deleted. So lawyers need to keep abreast of the developments so that they will be able to accurately advise and represent their clients. Many schools and bar associations offer these continuing education courses, which help the lawyers stay current with the developments in law. These courses usually go over things like the practice of law, legal ethics, taxes, tax fraud, and developments with health care. In some states, lawyers are allowed to take these courses online instead of attending a class in person, which can help them manage their probably very busy schedule. Staying current with the different changes is very important, and if a lawyer does not continue their education they could be disbarred.

A Memphis TN divorce attorney can give you advice on whether or not a particular field is right for you. Look no further than: http://www.domicokyle.com/.

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Lemon Law Attorney to Help You Get Your Money's Worth

The world is a nice and happy place if you know how to live in it. There are people who would help you and people who would take advantage of you. Hence you should trust people around you but keep your eyes wide open too. To protect people, countries all over the world have different kinds of laws in place. There are laws to protect innocent citizens from big crimes like threats of terrorists, from thieves, murderers and so on. And there are laws for small everyday crimes too like personal injury law, the lemon law and so on. First let me explain about the lemon law and then move on to the personal injury part.

The lemon law is the law that protects consumers or buyers of cars from getting taken for a ride by dealers of cars by selling lemons. Lemons are cars that do not work or have some serious manufacturing defects that are irreparable and have parts that are irreplaceable. If you too have been sold a lemon, you should immediately consult a lemon law attorney to protect your rights of getting your money's worth.

You can demand your money back from the dealer yourself, but there are huge chances that the dealer would be uncooperative since dealers are supposed to know their cars and if they have sold you a lemon intentionally, they are not going to take it back that easy. By having a lemon law attorney with you, you can at least make the dealer more cooperative towards you and you can enter a discussion with the dealer to get your money back or exchange your car for a new and good one.

The personal injury law on the other hand, protects people from injuries caused due to the fault of some other person. Suppose you work in a factory and suffer from an accident that leaves you bed ridden for months. The accident was no fault of yours but was caused due to the negligence of the authorities. In such a case, under the personal injury law, you can ask for compensation from the people responsible for your accident. Take the help of a personal injury lawyer or an attorney if your pleas for the compensation from the concerned people get unanswered. The law is there is protect you and so are the attorneys, hence do not suffer in silence instead fight for justice.

Smith Jhonsons is a legal advisor who has good information on lemon law attorney. To know more on personal injury law please visit consumerlawfirmcenter.com/.

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