LA Apartments Saga: Part 1
This post is part 1 of at least 3 detailing the process of suing my old landlord for illegally withholding my security deposit. I won.
Searching and Living
Finding housing is one of the worst things about living in California. Neither I nor my roommate lived in LA before grad school at UCLA, so we showed up in town for a few hectic days of chasing down Craigslist leads and pounding the pavement. We criss-crossed the Westside, our realistic but modest budget mostly leading us to apartments that were a bit drab or too inconvenient for a car-free commute. And then we found this one, not a palace by any means but a reasonable amount of space in a good location without any obvious red flags. The 1950s-vintage, rent-controlled building was (and is) managed by the generically-named LA Apartments.
Somehow I ended up living there for 3 years and 11 months, staying put through the pandemic (in hindsight I should have just moved in with my parents) and beyond. The apartment was a source of comfort in uncertain times, though I also started to feel rather stuck in place.
I had to find a new roommate twice when the last one moved out, and each time the landlord attempted to illegally raise my rent or make me sign a new lease. The City of LA’s Rent Stabilization Ordinance (RSO) is quite strong, and the Los Angeles Housing Department (LAHD) can be a helpful resource. In this case they made it quite clear that the 10% increase for an “additional tenant” only applies if the number of tenants increases compared to the start of the lease:
Section 151.06 G of the RSO defines an additional tenant as: Any tenant joining the occupants of the rental unit which results in an increase in the number of tenants existing at the inception of the tenancy.
After claiming that it was a “very standard practice in management”, LA Apartments finally backed down when I cited the law and invited them to call LAHD themselves. Why a different employee tried to do it again a few months later after my new roommate had to unexpectedly move out, who knows.
We paid about $2,200 per month in rent, so multiplied by 47 months my roommates and I paid about $103,400 in total. A lot of money for a building from the Eisenhower Administration!
Moving On
It was time for my roommate to move someplace that better fit her needs, and rather than go through another search I decided August 2023 would be a good time for me to move, too. I always found searching for roommates rather stressful. So I found a studio a mile away, signed the new lease and gave my 30-day move-out notice.
My previous interactions had shown that LA Apartments was, at best, ignorant of the law and somewhat disorganized, so I paid extra attention to the move-out process. I’d long since paid my first roommate her share of our security deposit, making it my job to ensure the landlord returned the correct amount.
California’s security deposit law, Civil Code 1950.5 is pretty simple. Here are the reasons for which a landlord can claim money from a security deposit:
(1) The compensation of a landlord for a tenant’s default in the payment of rent.
(2) The repair of damages to the premises, exclusive of ordinary wear and tear, caused by the tenant or by a guest or licensee of the tenant.
(3) The cleaning of the premises upon termination of the tenancy necessary to return the unit to the same level of cleanliness it was in at the inception of the tenancy. The amendments to this paragraph enacted by the act adding this sentence shall apply only to tenancies for which the tenant’s right to occupy begins after January 1, 2003.
(4) To remedy future defaults by the tenant in any obligation under the rental agreement to restore, replace, or return personal property or appurtenances, exclusive of ordinary wear and tear, if the security deposit is authorized to be applied thereto by the rental agreement.
Let’s go down the list for my situation:
Not applicable.
Shouldn’t apply, neither I nor my roommates caused any damage above normal wear and tear, of which a good deal should be expected to occur over almost four years.
Shouldn’t apply, I cleaned quite a bit and had move-in and move-out photos to prove it. Note the statute does not say “must hire professional cleaners” or “must pay your landlord to hire cleaners”. If you’d like to use one of those options, of course you can, but the law is agnostic to who does the cleaning.
Not applicable.
Therefore I expected to get all, or at least most, of my deposit back.
Initial Inspection
One good way to understand if and how much your landlord plans to deduct from your security deposit is to request an initial inspection, or walkthrough. Per Civil Code 1950.5(f) it’s your right, and your landlord is supposed to notify you of this. After inspecting the unit, sometime in the last two weeks of your tenancy, the landlord must provide a statement.
(2) Based on the inspection, the landlord shall give the tenant an itemized statement specifying repairs or cleanings that are proposed to be the basis of any deductions from the security the landlord intends to make pursuant to paragraphs (1) to (4), inclusive, of subdivision (b). This statement shall also include the texts of paragraphs (1) to (4), inclusive, of subdivision (b). The statement shall be given to the tenant, if the tenant is present for the inspection, or shall be left inside the premises.
(3) The tenant shall have the opportunity during the period following the initial inspection until termination of the tenancy to remedy identified deficiencies, in a manner consistent with the rights and obligations of the parties under the rental agreement, in order to avoid deductions from the security.
Pretty simple, right? Well it wasn’t for LA Apartments. They gladly scheduled the inspection and showed up. That’s a good sign of course, but after inspecting the apartment for about 30 minutes (which is reasonable) and repeatedly questioning me about why I was moving, their maintenance director refused to provide me the initial inspection statement. So much for “shall be given to the tenant, if the tenant is present”. Instead he said they’d send it along in a couple days and… nope, they never did that either. Obviously the statement is central to the inspection process, since without it I can’t possibly exercise my right to remedy any identified deficiencies.
But oh well, I had to move out and hope for the best.
Appendix: Move-out Email Thread
Move-out Email Thread
On Jul 19, 2023, at 14:46, Eric Dasmalchi me@email.com wrote:
30 Day Move Out Notice 3333 Mentone Apt
7/19/2023
Also via personal service and/or US Mail
Hi property manager,
Writing to let you know that me and roommate will be moving out of 3333 Mentone Apt.
Since today is July 19, the 30-day notice period ends on August 18, 2023.
roommate is planning to leave August 4, and I’m planning to stay here until August 11 to finish my own move.
I understand our August rent will be prorated to only include August 1 through 18, please let me know that amount when you get a chance.
Planning to drop by the 10401 Venice Blvd office to drop off a hard copy of this notice soon, otherwise I will send a copy via certified mail.
Thanks,
Eric Dasmalchi
On Wed, Jul 19, 2023 at 2:50 PM Eric Dasmalchi me@email.com wrote:
Hi property manager,
Forgot to add a couple things, my forwarding address will be:
Also, please reply to let me know you got this email.
Thanks again!
-Eric
On Jul 19, 2023, at 15:00, property manager wrote:
Thank you for sending over your intent to vacate-I will go ahead and forward that to my accounting department so they can add it to your file.
Just a few things:
Can you please let me know if there’s a specific reason that you’re vacating? We appreciate any feedback you can provide, so that we can do better in the future.
Do you currently have a parking spot assigned to your unit? If so-what parking spot number?
3.Closer to the date of move out, we will need to schedule a time to meet in order to hand over the keys and conduct a walkthrough of the unit together . Can you confirm the exact date you plan on vacating?
Let me know if you have any questions or concerns and I look forward to hearing from you!
On Wed, Jul 19, 2023 at 3:14 PM Eric Dasmalchi me@email.com wrote:
Hi property manager,
Thank you for the prompt reply. I’ll skip going by the office or post office then — it’s a hot day to be running around and this should be sufficient acknowledgment. (Plus we just spoke on the phone!)
Overall I’ve enjoyed living here! discussion about roommate’s future plans omitted
We currently have parking spot 3.
Sure, we can confirm August 11 as the exact date I’m vacating. I would like an initial inspection per Civil Code 1950.5, preferably at the start of that week (Monday, August 7 - Wednesday, August 9).
See you soon.
-Eric
On Jul 19, 2023, at 15:26, property manager wrote:
Thank you for answering the questions! Congrats roommate :)
We can definitely conduct an initial inspection. I have CC’d (maintenance director) in this email, he is our maintenance director. I will coordinate a time to inspect the unit on the dates you mentioned, and will keep you posted on a time that we will both come by on Monday August 7th. Let me know if there is a time that works best for you, morning is preferable for us, but we can work around your schedule.
Best,
property manager
LA Apartments
On Tue, Jul 25, 2023 at 12:08 PM Eric Dasmalchi me@email.com wrote:
Hi property manager,
Noticed on the tenant portal that it has the full $2185.00 rent charge listed as due August 1.
As a reminder, we only owe prorated rent for August 1-18. By my math that’s $1311.00, so it’s that amount (plus fees/utilities) that I plan to pay by August 1.
Here’s my math:
Monthly rent: $2185
Daily/30: $72.83
Total Aug 1-18: = $72.83 * 18 days = $1311.00
Also let me know what time on Monday August 7 works for you and (maintenance director) when you get a chance.
Thanks,
Eric
On Jul 25, 2023, at 13:30, property manager wrote:
The amount on the portal will be adjusted accordingly once I confirm the unit has been officially vacated. You can go ahead and manually pay the prorated amount you mentioned, that is correct.
Does Monday 11:30am work for you?
Best,
_property manager
some inspection scheduling discussion omitted
On Sun, Aug 6, 2023 at 6:44 PM Eric Dasmalchi me@email.com wrote:
Hi property manager,
Just confirming that tomorrow at 11:30 still works?
Thanks,
Eric
On Aug 6, 2023, at 18:55, property manager wrote:
Yes, maintenance director and I will be there!
On Aug 6, 2023, at 19:15, Eric Dasmalchi me@email.com wrote:
Great, see you both then!
On Thu, Aug 10, 2023 at 10:59 AM Eric Dasmalchi me@email.com wrote:
Hi property manager and (maintenance director)
Any updates on that statement from the initial inspection?
(maintenance director) mentioned that it might take a couple days, but that I’d have it before I was planning to vacate tomorrow.
If it’s not available before tomorrow I might have to hold on to the unit a little longer and vacate next week (reminder that per my 30 day notice I have until next Friday, 8/18).
Thanks,
Eric
On Aug 11, 2023, at 10:07 property manager wrote:
Hi Eric,
Please allow me to look into this further and get back to you!
On Mon, Aug 14, 2023 at 7:11 AM Eric Dasmalchi me@email.com wrote:
Hi,
I still have not received that statement.
In any case I have vacated the unit effective immediately. You can take possession of the unit.
As a reminder, my new address is
Please send my deposit to me at that address when ready.
Thanks,
Eric
Re: 30 Day Move Out Notice 3333 Mentone: August 14, 2023 at 10:12 PDT
Hi Eric,
Thank you! We will start working on sending your security deposit out as soon as possible.