Legal Question in Landlord & Tenant Law in California
I feel my security deposit was unrightfully with held from me. I was charged for items I am not responsible for. I was not provided with any pictures or invoices. According to California Fair Housing Law, I am entitled to a refund or itemization of charges within 21 days, however, I did not receive anything until after 37 days. I addressed my concerns in writing, and asked for a written response within 14 days; it has been over 21 days and have yet to receive a response. What is my next step?
1 Answer from Attorneys
File an action in Small Claims Court for recovery of the deposit, plus penalties. When you present your case in Small Claims, don't refer to the Fair Housing Law - that has to do with discrimination and not retention of security deposits. Read California Civil Code �1950.5 for an explanation of security deposit and the refund thereof. Be prepared to address those items where the landlord claims damages with counter-evidence as to his claims. Also, read the part of �1950.5 that deals with pre-move-out inspections. Good luck.
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