Getting the security deposit back

chilenita

New member
We are going to be moving into our first house this weekend, and moving out of a private rental where we have been living for four years.  Based on information we have received from the landlord, we are fairly certain that he is going to try to keep our security deposit ($4350).  We have information from the neighbor that he did this to the last tenant, so we are trying to get everything in order in case we need to go to court.  The main thing I have done is try to get all of our correspondences in email form so that we have written proof of things discussed. 

One of the signs that he is going to keep our money is that he wants us to paint some small putty marks in the walls where we hung two lamps.  When I asked what color paint the walls were, he said he didn't know that information.  When I asked him how I could possibly paint the small white marks, he said he didn't know.  I then said that I was worried that if we didn't paint the marks, he would try to repaint the whole place and charge us for it.  He said that he wouldn't do that, but I really don't trust him.  We have since bought some paint at Home Depot (the best match we could find), and we will paint the small spots.

Meanwhile, the guy has only fixed two things since we moved in...the hot water heater, because I called out a plumber that day, and the toilet that was loose and leaking.  He didn't even fix the disposal that was shooting water under the sink into the cabinets (my husband put epoxy on it after three weeks of no response), and a tree that split down the center and is ready to fall onto the neighbor's fence (it split in 2006, and he never came to even look at it...even after 4-5 phone calls, a written statement mailed to him, and multiple emails).  We can't wait to be done renting from him, but we are really concerned he will do everything he can to keep our deposit.

Any advice would be greatly appreciated!
 
Per california law, once you have lived in a place for two years, which you have, you can not be charged for painting. He can charge you to cover the holes in the wall, but cant charge you for painting.
 
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