Security Deposit Landlord Kept My Security Deposit to Pay Water Bills

[Guest]

I live in an apartment in San Francisco for 1.5 years. During this time I was never charged for water/sewer. Upon moving out, my landlord back charged me for this a total of $1400. My lease says the landlord only pays for electricity and I am responsible for the other utilities, so it sounds like I am responsible. I just wondering if it's legal for him to wait so long to collect this money.

Additionally, the water/sewer bills are for the entire house which contains 4 separate units. So the landlord said I am responsible for 2/10ths of the bill since my unit had 2 people of the 10 people in the whole house. Is this considered legal to pro-rate in such a way? I have no control over how much water other people use, people who I don't even know. This whole thing seems illegitimate.

Thanks for your advice!

 

[tenantfromhell]

The landlord must provide accurate documentation to prove that his deductions are fair, honest and precise. I can't imagine that's the case here, especially since he's deducting an even $1400. It sounds like he just picked a number, in which case you've got a good argument in Small Claims Court. In order to deduct $1400 from your deposit for water/sewer he has to prove that you alone consumed EXACTLY $1400 of water/sewer. Bet he doesn't have that info. Ask for that information. If he doesn't respond or doesn't have it, take him to court.

Did he send you a notice ahead of your moving of your right to a Move Out Inspection. If not, he can't deduct anything from your deposit.
Did he send you an itemized statement of exactly how many gallons of water you consumed, to show that it was exactly 1400 and did he sent it to you within 21 days of your moving out? If not, he can't deduct anything.