Legal Question in Landlord & Tenant Law in California
In california a landlord has 21 days to return your security deposit. It has been 4 months. I've sent 3 emails asking for it and gave him my new address. I've decided to file in small claims court. Will he automatically lose because he has made no attempt to return it? I don't think he could even deduct anything from my deposit as I left the place spotless and was there for over 2 years. Also, he made me move without a proper 60 day written notice because he decided to rent the house to a friend of his son. My question is will he automatically lose?
2 Answers from Attorneys
Certainly the law is on your side. Penalties can be assessed on the landlord up to double the amount of the deposit if it can be shown that the landlord acted in bad faith. In this case, withholding the deposit does not seem to be supported by any comment or writing from the landlord. So, if the landlord suddenly surfaces at court with a series of receipts showing why you did not get your deposit back, the court will look at this with greatly raised eyebrows. If you go to small claims court there is a good chance you will win...especially if the landlord continues to make himself scarce! BUT, even if you "win" that does not mean you will collect...that might require another action once you get a judgment.
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