Legal Question in Civil Litigation in California

It sounds as if my landlord is not going to return my full deposit of $1100.00. We lived there for three years, did not smoke in it, made some "upgrades" to his property, left it clean and had a professional carpet shampooer come in. We were the perfect "tenant". What are my options as far as getting my money back? He has also denied me a final walk thru that was to be done at our moving out.


Asked on 3/08/10, 3:48 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Wait for a little more than 21 days after you have left and returned the keys to the landlord. If within 21 days he does not send to you a written statement as to all the deductions he has made and why and a change for any balance left over, he then waives the right to withhold any part of the deposit. I hope you took pictures of the unit so that you can show a Small Claims Court judge that there is only normal wear and tear. Also point out that he failed to agree to a move out inspection making it more difficult to accurately inform the court what the condition of the entire unit was. Sue in SCC. If he was the one who ended the lease, he is required to give you 60 days and not just 30 days notice.

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Answered on 3/13/10, 6:49 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

George is right. It would also be helpful if you had pictures of how the place looked when you moved in so that you can more easily establish the change in condition, or lack of change, of anything you landlord may complain about. If you can't resolve it directly with the landlord your best bet will be to sue in Small Claims Court.

Good Luck.

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Answered on 3/15/10, 9:47 am


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