Legal Question in Landlord & Tenant Law in California

Landlord/Tenant

I moved out of my last condo on November 17, 2008 after giving 60 days notice. We did a last inspection and the landlord said she would call me to discuss the security deposit. She never called. The deposit was due by December 7, 2008 (21 day rule). I never heard from her.

I filed a small claim case against her on December 20, 2008. She called and apologized for being late and would get the check out that day. I received $1,100.00 instead of the full $1,400.00 ten days later on December 31, 2008.

She included repair receipts she had done totalling $300.00.

I also lost $800.00 in rent because I couldn't find an apartment on a 60 days advance and so had to overlap both of them for two weeks. Do I have a case? I'm told being over 21 days, is a big No-No for a landlord.

Thanks


Asked on 1/18/09, 12:55 am

1 Answer from Attorneys
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Landlord/Tenant

The landlord must refund the entire security deposit, without offset. If your hearing in Small Claims has not arrived yet, then go to the hearing and tell the judge that you were not refunded the entire deposit and that under the law, you are entitled to it. The judge should be familiar with this issue. The reasons offered by the landlord for failing to return the deposit timely are completely irrelevant. The law is clear that the deposit must be refunded timely, with an itemized breakdown of any deductions. The failure to do this results in the landlord having to refund the entire deposit, without exception.

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Answered on 1/18/09, 1:30 pm


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