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Can a landlord take association fees out of a security ...

Sent to Legal Experts October 15 2005 at 5:42 AM
   

Can a landlord take association fees out of a security deposit that were never disclosed to the renter?

Customer (name blocked for privacy)
Status:  Closed   Value: $10
Answer
October 15 2005 at 3:35 PM (9 hours and 52 minutes and 30 seconds later)
         
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After reviewing the California Civil Code -- Section 1950.5 (after clicking this link you will need to scroll down to Section 1950.5) -- which deals with Security Deposits -- I conclude that payment of Association Fees is not a legal use of Security Deposit Monies.

With this in mind, I recommend that you send a letter-- by Certified Mail -- Return Receipt Requested -- to the Landlord, demanding full reimbursement -- within 10 Business Days -- of the Association Dues which were illegally paid from your Security Deposit.

Remember to keep a copy of the letter -- along with the Return Receipt when you get it back because this is your proof of notification.

Let me know if you need more input. If not, thanks for the opportunity to assist you... Please honor my efforts by pushing the green 'Accept' button (located within this post -- above-right). Adding a bonus -- should you wish to do so -- would be warmly welcomed.

Good Luck!

Steve

If the letter does not get results -- consider filing a California Small Claims Court case -- which is a remedy provided for within the same Section of the California Civil Code.

Let me know if you need more input. If not, thanks for the opportunity to assist you... Please honor my efforts by pushing the green 'Accept' button (located within this post -- above-right). Adding a bonus -- should you wish to do so -- would be warmly welcomed.

Good Luck!

Steve

Edited by Oreport on October 15 2005 at 8:50 PM

Counselor /listener/collaborative problem solver. Thanks!
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Reply
October 16 2005 at 3:18 PM (23 hours and 42 minutes and 55 seconds later)
         
Relist: I still need help.
The landlord never disclosed to us that there was a monthly "association" fee for the home we leased. It was not disclosed in the 7 month lease we signed. We did not find out till month #5 that there was a fee. He then stated he had forgot and "maybe" we could split the fees that were due. He never followed up or billed us or asked for any money. We gave 30 days notice on month 6, moved and now he has taken the full 7 month fee out of our security deposit. (If we had known there was an association fee, we would not have leased the house as it increased the rent by 60.00/month.) Is the legal? It certainly is not fair!!!
Customer (name blocked for privacy)
Answer
October 17 2005 at 10:26 AM (19 hours and 8 minutes and 2 seconds later)
         
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joellen,

Thank you for accepting my previous answer.

You again ask: was illegal for your Landlord to pay your Association Dues out of your Security Deposit?

All I can do is repeat what I told you before:

After reviewing the California Civil Code -- Section 1950.5 (after clicking this link you will need to scroll down to Section 1950.5) -- which deals with Security Deposits -- I conclude that payment of Association Fees is not a legal use of Security Deposit Monies.

I made the statement because there is no mention of Association Dues Payment with Security Deposit Monies in the relevant section of the California Civil Code.

Here is the deal -- you are Landlord fouled up big-time by forgetting to include the Association Dues in Your Lease and your monthly payment. Because of this, he is trying to cover himself after the fact. Of this were not the case, he would not be offering to 'split the difference' with you.

So, what are your options?

1.) As I said before, take your former Landlord to Small Claims Court -- in my view this would be a slamdunk in your favor, and it is not a big deal, but it still involves some time and hassle.

2.) Stay angry and lose sleep over it -- but, why would you want to? Is not the monetary loss enough?

3.) Decide that $420.00 ($60 X 7 Months) is not worth the hassle and, get on with your life.

Again, let me know if you need more input. If not, thanks for the opportunity to assist you... Please honor my efforts by pushing the green 'Accept' button (located within this post -- above-right). Adding a bonus -- should you wish to do so -- would be warmly welcomed.

Good Luck!

Steve

Edited by Oreport on October 17 2005 at 10:33 AM

Counselor /listener/collaborative problem solver. Thanks!
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Steve -- a.k.a. Oreport -- Counselor, Information Professional -- 100% Positive Feedback on 294 Legal Accepts
Master's in Counseling - 30 Yrs - Helping Prof - 160 IQ - 57 Yrs. Life Exp 1000 Site-wide Accepts.
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