13409 Cristillina Way – Acted In Bad Faith

13409 Cristillina Way, Truckee, CA 96161

ILLEGALLY RETAINING SECURITY DEPOSIT IN BAD FAITH

Brian Anderson & Lanie Galland (Tenant)
VS.
Kevin Kornigay (Landlord)

All text in blue are links to supporting documentation.
(Last Updated: 1/2/2025)

Supporting Documents

Lease (PDF)
Tenant Giving 30 Day Notice (PDF – All Emails)
All Text Messages between Tenant & Landlord between 11/6/2024 -12/23/2024 (PDF)
Professional Carpet Cleaning Receipt (PDF)
Bad Faith Deductions – Landlord Email and Tenant Response (PDF)
Bad Faith Security Deposit Check (PDF)

Timeline

10/31/2024: Tenant Provides 30 Day Notice (All Emails – PDF)
11/2/2024: Landlord requests pictures of Tenant’s Possessions for possible use in furnishing home for the next Tenants. (Email – PDF)
11/3/2024: Tenant provides pictures to Landlord with a detail description of all items. (Email – PDF)
11/4/2024: Landlord responds with itemized list of desired Tenant’s possessions. Landlord also requests in-person opportunity to review possessions on 11/10/2024 (Email – PDF)
Landlord cancelled meeting. Meeting rescheduled for 11/19/2024.
11/19/2024: Landlord arrives at Truckee Home to look over Tenants possessions. Landlord agrees to take all the possesions previously desired plus additonal items not listed in past communications. (Text Message – PDF)
Items Left: (Items include 2 couches, 1refrigerator, 1 clothes washing machine, 1 clothes dryer, 1 futon, 1 dresser, 1 box spring & mattress, bedding, 1 tv, 1 dvdplayer, pots, pans, toaster oven, waffle maker, various cooking utensils, plates, silverware, etc.)
At this meeting, Tenant informs Landlord that he will be staying directly across the street at the neighbors house for a couple weeks after vacating premises, suggesting that this would be a good time to tie up any loose ends, ask questions/requests, etc.
11/27/2024: Tenant informs Landlord that the House will be empty and cleaned by 11/30/24 @ 1pm-ish. (Text Message – PDF)
11/30/24: House is clean and vacated by 11/30/24 @ 1pm. Tenant never recieves a notice (or any communication at all) from the Landlord about a Final Inspection. Tenant does Full House Walk-Thru with a neighbor. Every room, closet, floor, appliance is documented via photos and video. House is vacated, locked and keys are left under the welcome mat.
12/17/24: Landlord sends email with itemized Bad Faith Deductions justifying why the Deposit should not be paid in full. Landlord DID NOT PROVIDE any receipts or supporting documentation for these deductions.
12/23/24: Tenants respond to Bad Faith Deductions email stating that they will contest these charges and give the Landlord one more chance to act in Good Faith and demand our Full Deposit returned.
1/2/25: Tenant receives a Check from Landlord with an insufficient amount. Check reflects the Bad Faith Deductions. So as such, the check will not be cashed, but only serve as a supporting document.
Landlord did not respond to any of our communications after he was informed when the house will be vacated (last communication was 11/27/24).

Key Takeaways From Timeline and Supporting Documents

See: Tenant Rebuttal for Key Takeaways below.
Landlord deducted from the Security Deposit the replacement value of the dishwasher ($373.33). The dishwasher was functional. Additionally, the dishwasher had long lived past it’s useful lifespan. Dishwasher was 20+ years old. No receipts provided.
Landlord deducted from the Security Deposit a cleaning fee ($455). This was JUST for the kitchen, bathrooms and laundry area (as stated by Landlord) . The House was clean upon vacating. Additionally, the going rate for cleaning a home is around $175 – $225. No receipts provided.
The Landlord deducted from the Security Deposit for the broken door latch ($60). This had been broken for many years and the Landlord was very aware of this after several visits. Big winters and the elements of nature can cause serious wear & tear in our area. No receipts provided.
Landlord DID NOT PROVIDE any receipts or supporting documentation for these deductions.
Landlord did not schedule a Pre-Inspection Walk-Thru. The landlord only scheduled a Tenant Possession Inspection to acquire Tenants Property.
Landlord did not schedule a Final Inspection Walk-Thru.
Landlord did not respond to any emails or text since Tenants gave notice as to when Home would be fully vacated. The last communication with Landlord was 11/27/24.
Landlord was fully aware Tenant was living across the street from 11/30/24 – 12/13/24 (same day New Tenants moved in) and could have communicated any issues, questions or concerns during that time.

Pictures of the Tenants Possessions sent to the Landlord (11/2/2024).

(Many other various items were claimed not picture here)

Final-Walk-Through: Tenants w/ Neighbor (11/30/2024 @ 11am).

(These videos were taken moments before the Professional Carpet Cleaners arrived and Home was fully vacated. These are only a portion of the videos.)