Landlord sued by renter; sued by city in another case
A Santa Monica landlord has been ordered to pay $1,350 to a tenant for not itemizing damages to the apartment before seizing the security deposit.
Michael Freidgeim took his landlord, Sunnie Han, to Santa Monica Small Claims Court this week to collect his $1,300 security deposit which was not returned to him after living in the same apartment at 1328 Euclid Street for eight years.
Han claimed an old mattress and a refrigerator were left in the apartment, as well as pictures hanging on the walls and pots and pans were left in the kitchen cabinets. She said the apartment had to be repainted and a wet bar had to be removed at her expense.
But that proved to be inconsequential.
California law requires landlords must provide a list of damages that are deducted from a tenant’s security deposit within 30 days after moving out.
Freidgeim had moved out on July 15 and he had not received an invoice from Han until Sept. 12.
“No written list was given (on time), at least I have no evidence of it before me,” said Judge Pro Tem Jeffery Clark. “The landlord failed to fulfill her legal requirements.”
Han had counter-sued Freidgeim for $825 — one month’s worth of back rent. She said Freidgeim had not given the necessary 30-day notice required by state law that he was moving out.
Freidgeim produced a June 9 letter to Han in which he informed her he was moving out of the apartment on July 15, but the letter did not have a date posted on it and had not been sent by certified mail.
“He makes up this letter,” Han said. “Cross my heart, I’ve never seen it.”
But state law was again on Freidgeim’s side. Tenants may send letters and official documents to the same address they use for their rent. If those letters are returned or not picked up, they are considered legally delivered.
“All these years, I sent the rent to the same address,” Freidgeim said. “She never had any problems finding those.”
Santa Monica-based renter attorney Andrew Zanger said tenants often have to take their landlords to small claims court to get their security deposits back. He said there is penalties up to $600 if landlords do not provide their itemized list on time.
“Most of these cases are at the small claims level because they are below $5,000,” Zanger said. “It’s incredibly common that land lords try to keep the security deposit.”
“Most of these cases are at the small claims level because they are below $5,000. It’s incredibly common that landlords try to keep the security deposit.” — — ANDREW ZANGER Renter attorney
If you want to know what your rights are as a tenant, Zanger said the best way was is to call an attorney. But he also said the state department on consumer rights publishes a free book that outlines tenants’ rights and the responsibilities of landlords.
Freidgeim came to court prepared. He had saved every letter sent to Han, and many of those letters were sent by certified mail — a postal service where the sender is given an official receipt the letter was sent.
Han is being sued by the city’s Rent Control Board for allegedly violating clauses of the “Incentive Housing Program,” which requires landlords to provide a few units to low-income tenants. The city sued Han for being in violation of the program at the same Euclid Street apartment complex Freidgeim lived at. Both sides are currently trying to settle the matter out of court.
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Originally published in the Santa Monica Daily Press print edition on May 2, 2002. Read the original PDF.