Legal Question in Landlord & Tenant Law in California

A landlord is wrongfully withholding my deposit. It has been 7 months since and I would like to ask for the refund but if the landlord denies the request would the time passed hurt my case if I decide to take it to trial? Or what would be my best option?


Asked on 1/10/12, 3:15 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Make the demand now on the landlord pointing out that if the 21 day rule for sending back the portion of the security deposit not claimed as damages by the landlord is not obeyed, you can collect the portion the landlord is not entitled to plus up to twice that amount plus actual damages y9u have suffered. There is no reason to wait. The cause of action started on the 21th day [probably even the day you gave up possession] not when you make the demand. if he does not comply, immediately file a small claims court suit as there is no advantage to waiting.

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Answered on 1/10/12, 7:52 am


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