The owner of a rental home is maliciously retaining $1,000 dollars that we entrusted as security deposit, as she knows of the significant difficulties of getting our money back trough small claims court. We don't live in California, and she evidently knows that hiring an attorney for such an amount is prohibitive (plus you are forced to represent yourself in small claims court, which is the only legal option available). Flying to California would cost me more than the claim, and unfortunately, she knows this.
My family and I rented "Sara's Oasis", a property located at 501 Sandretto Dr. , Sebastopol , CA 95472-9431 from July 10 2009 to August 10 2009. We vacated the property on August 10, 2009. Before vacating, we cleaned and left the property in the same condition as it was delivered to us.
Under California Civil Code Section 1950.5, the owner is required to notify us of our right to a walk-through inspection prior to moving out. She failed to do so. Furthermore, she refused to conduct such inspection upon our repeated request, notwithstanding that she was present and available at the property as we were moving out.
Moreover, she failed to comply with the terms of her own rental agreement, in the sense that the security deposit would be “refundable within 24 hours after departure”. In any event, California law requires her to return a deposit in full within 21 days of the day that we vacated the unit or furnish us with an itemized list of the damages caused by us along with copies of receipts for the cost of repairing such damage or reasonable cleaning costs of the unit.
To date, we have not received a refund of our security deposit. She did, however, address an undated letter to us seeking to justify the retention of the full amount under false claims. She also failed to send us copies of the receipts to back these claims. Having denied us of our right to a walk-though inspection, and failing to present any evidence (even receipts, required by law) to back absurd claims, how can she pretend to rightfully retain what was entrusted to her?
As we were staying there for a month, I had several packages and mail delivered for me at this address. To my shock, she opened a mail that contained confidential medical records that arrived at the property, as the hospital failed to clearly print my name on the label. Although the confusion is understandable, we would expect any vacation rental landlord/owner to at least ask the guest about this mysterious envelope that wasn't expected by her.
Mutiple letters and phone calls have not worked. We have tried to resolve this matter amicably. Given that she repeatedly refused to speak to me directly by phone to clarify her claims, we involved a California-based professional mediator in the matter, Ms. Cathy Ward, hoping that would allow for an agreeable resolution on the matter. However, to date she has refused to respond to our invitation to find an agreeable resolution through her involvement.
The law gives me four years to approach court to resolve the matter. I will do so at the first opportunity I have.
A word to potential renters: the experience was dreadful from the start. We first heard of the property on an internet listing service (homeaway.com), but upon arrival found that the pictures and description were inaccurate.
This is not an “elegant” property conditioned to receive guests. This so-called "vacation house" is actually the permanent abode of an unhelpful, opinionated, and nosy person that moves to a small shack within the property while you stay and makes sure to keep an eye on the facilities (and you) on a daily basis.
If you want to have the feeling that you're staying at an old aunt’s no one visits often for a reason, look no further. But if you want a “beautiful”, “artful”, and “relaxing” place to stay, this is certainly not it. Even when unoccupied, the property feels crowded with someone else’s old stuff. It’s chock-full of old dusty books, mediocre artsy stuff and worn-out, suspicious-looking "oriental" rugs that you feel queasy walking on barefooted. Worse, be ready to be reminded not to touch this or that, because it “used to belong to the owner’s grandmother”.
It does have a nice pool, but you'll be told to pick up all your stuff every day and not leave anything inside or around it. Also, hope that your understanding of “comfortable temperature” matches that of the owner, who will not even discuss allowing it to go a degree higher than she believes is reasonable. Be ready to be in the water while strangers walk in and dump large bags of chemical salt without asking you to come out (let alone ask for an appointment to do so).
Be ready to be told “not to bother the bees”, literally dozens of them flying about and getting on your food, because they “are just minding their business”. And be ready to be told that if you want any help with the frightening-looking yellow-jacket wasps, you should find where the wasp nest is and inform the owner.
This classy lady's understanding of customer service is to have "no noise after 10, no tampons in the toilet" posted around the house.
A word about location; do your homework (I obviously didn’t). Sebastopol is far away from true wine country. Sonoma and Napa are 90 minutes away. Sebastopol is a sleepy town with no tourist value whatsoever. And San Francisco is a couple of hours away (traffic is bad). No shopping for miles around.