Legal Question in Landlord & Tenant Law in California

Re: landlord/ tenant - deposit not given back

I think to a degree, you are confusing what you may be entitled to based upon the landlord's failure to refund your deposit. First, I assume that when you say the landlord did not return your deposit, he also did not provide you with an accounting for the use of the deposit? If he did provide you with an accounting in 21 days, then you have a whole other issue which comes down to whether or not the deductions were lawful and reasonable.

Assuming he provided nothing within 21 days, you can only get damages in an amount equal to twice the deposit if the withholding of the deposit (and/or deductions from the deposit) was done in bad faith. You need to allege more than the landlord simply didn't comply with the law to get the additional damages provided for in �1950.5(k)(1). If you can get over that hurdle, however, the statute does provide that you can also recover in addition to twice the amount of the deposit, your "actual damages." Its a bit of a stretch to say that late fees on your bills were a direct result of the failure to refund your deposit on time, but come prepared to prove-up all of your late fees, and that they would not have been late had the landlord returned your deposit on time. Its worth a shot.

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