Legal Question in Landlord & Tenant Law in California
Won't give back the whole deposit
My landlord will not give me back my whole deposit. I lived there for only 2 years the place is in good condition just like it was new when I moved out. The landlord raise the rent so i could not afforded it and the landlord sent me a 30 notice to move on 1/28/06. I moved out on 1/15/06. The landlord charge us more den half the rent for january wen we only stayed 2 weeks. We deposit $2000 and hes only willing to give us $950. Do we have a good case? I want to sue.
2 Answers from Attorneys
Re: Won't give back the whole deposit
Under the factual circumstances you have presented, you have a VERY strong case for small claims court. If you would like prompt, affordable legal assistance in drafting a settlement demand letter and/or memorandum of points and authorities in support of your small claims formal complaint, contact us today for a free phone consultation.
Re: Won't give back the whole deposit
With respect to the second issue, you are not entitled to a credit for leaving the place early.
Do you have a good case regarding the deposit? It is impossible to say without knowing more facts. While the you may think the apartment was in good condition, you opinion doesn't count in court. Hopefully you took pictures to prove the condition when you left.
The landlord has 21 calendar dates from the time you move to either refund the full deposit or send you an itemized statement that lists the amounts of any deductions from your security deposit and the reasons for the deductions, together with a refund of any amounts not deducted.
If the landlord does not send you the full deposit or does not provide a satisfactory explanation, you can sue in small claims court. For more information regarding your rights, you go to the following link on the website for the California Department of Consumer Affairs: http://www.dca.ca.gov/legal/landlordbook/sec-deposit.htm
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