You are on page 1of 1

Andrew Smith

248 Jones Smith


San Diego, CA 92110
March 31, 2018
Re: Security deposit on Damaged Property

Dear Mr. Smith

I am writing this letter to inform you that I am withholding my Security deposit to California law because
the apartment was uninhabitable to live in. Due the damage of the apartment before I moved in.

I moved into the apartment at 248 Jones Street in late March. When I moved into the apartment had some
damage to the property. The carpet had some stains but was clean. The walls had some dust and grime on
them and the bathroom had small amounts of mold. I notified you of this problem when I moved in. Not
once did you tell me if or when you would fix.

As result I lived with the damage for about a year. California Civil Code section 1950.5 requires that a
landlord cannot withhold any portion of a tenant’s security deposit for damages that already existed
before that tenant moved into the property. In Cal Civ Code § 1950.5(g)(1). The landlord must return the
security deposit within 21 days or within 21 days provide an itemized list of repairs made that are being
deducted from the security deposit. You have done the latter of the of the choice, he in fact gave me a list
of damage to property and the repair cost. Which was unnecessary since I have already told him about the
damage when I moved in.

I notified you Mr. Smith a month ahead of time that I moved out on March 31, 2018. Doing what is
common courtesy I clean the stained carpet to the condition it was when I moved in; but since I lived
there it was more worn out. I also I washed the wall to get out most of the stains that were there; with the
other damage to the property. If a landlord withholds a security deposit in bad faith (knowing he or she
isn’t allowed to under the law) the tenant can sue and the court can award the twice the amount of the
security deposit to the tenant. Cal Civ Code § 1950.5(l)

I hope throughout the year that I lived in the apartment that you would come and fix the damages but you
did not come or take the appropriate actions with dealing the damage.
I can make a compromise with you since I have cleaned the carpet to its original state and the stains in the
wall. Your neglect of this issue leaves me no choice but to withhold rent for the month of march. Please
feel free to contact me if you have any question or concerns.

Respectfully,

Alexis Nagrampa

You might also like