Legal Question in Landlord & Tenant Law in California
Landlord has not returned security deposit
Our move out date was May 10, 2008. Landlord never responded to requests for initial inspection prior to move out. As of June 10, 2008, landlord has not returned security deposit. When contacted by phone, she says unit was ''a mess'', but has not supplied a letter or any receipts of repair. Is the only alternative left small claims court and if so, can we claim anything additional since she has not followed the law?
2 Answers from Attorneys
Re: Landlord has not returned security deposit
I answered this earlier, and still feel a letter from lawyer to landlord is the best first step.
Then, small claims court.
Re: Landlord has not returned security deposit
Read Civil Code, section 1950.5. It is the best summary of what is required and what is available. However, please note that Judges have wide latitude about what they award, and how they enforce the statute's terms. For that reason it might be a good idea to send the landlord a certified mail/return receipt demand for the security deposit statement and backup receipts before you file your small claims action. Give her 15 days to comply.
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