Legal Question in Landlord & Tenant Law in California

To the LawGuru (or whom it may concern),

I had a couple questions in a landlord matter that I'm in and was hoping to get a quick answer so I would have a better idea if I could proceed or not.

My basic question is: If I want to take my former landlord to small claims court to retrieve my deposit (it has been about 3 months since my move-out with absolutely no response from her), do I need to have the original lease/contract in my hand in order to have a valid case? Or is the law on my side since she has not responded to any of my requests for my deposit, nor given me any sort of write up why she would keep it? I can't seem to find my contract since I've moved and I wanted to know if it was necessary.

The story:

I had been renting a place for about 3 years and have always payed on time (I kept records of cancelled checks, as well as proof of receiving the apartment in bad condition and leaving it in much better condition). When I gave my 30 days notice to move out in June, my landlord had told me that I would be getting my deposit back. She even admitted on several occasions that she would miss me and that I was such a good tenant. After not being able to meet with me for a once-over before my final move out, she personally requested that I hand over the keys to the new tenant. And although I cleaned the place before move-out, she still never came to view it or have it professionally cleaned before the new tenant moved in. This was on June 7.

I did what she asked, and then gave her a new address to send my deposit. I waited 22 days, and then called her. She said that she thought she had 30 days to get my deposit to me and would contact me to let me know. I did not hear back from her. I called her after 30 days. Once she heard it was me, she said she could not talk since she needed to get to a meeting. I asked her when it was over and when she could call me back, and said she would be out in about 20 minutes. Again, she never called me back or sent me a letter or anything. My emails have been ignored, and the letter of demand I sent by certified mail was never answered. It has been over 3 months.

I have never taken anyone to small claims court before, but being newly married we really need my deposit back to help us with our current apartment. Unfortunately I cannot find the original lease I signed when moving in. Is this a problem if I want to take her to court? Or will the law be on my side since she is keeping my deposit in bad-faith?

Thank you so much for the time to read my letter. I know you are so busy but I truly appreciate it.

All the best,


Asked on 9/22/09, 9:35 am

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

When you go to small claims court, bring with you proof of the amount of your security deposit -- such as the cancelled check which you should get from the bank in advance, check register, bank statement, receipt, etc. Also bring proof of your monthly rental payments since the security deposit is usually a multiple of that. Further, if you took photographs of the dwelling's condition when you left, and/or if you have a witness to its condition, they should be in court as well.

Usually, small claims court trials occur within a few weeks after filing the claim. Good luck!

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Answered on 9/22/09, 9:44 am
George Shers Law Offices of Georges H. Shers

To add to Mr. Cohen's correct answer, the landlord has 21 days after the tenant departs to eilther refund the entire deposit or give a written explanation of why what deductions are being made and return the balance of the funds. Having failed to do so, she can no longer make a claim to any portion of the security deposit and the judge may award you the deposit plus an additional sum up to 2 times the deposit, especially if you show bad faith, which seems to be the case here. Send her a demand letter for a total of three times the deposit payable within 7 calendar days or you will file suit in Small Claims Court and she will then have to pay your costs of suit also. Once you get a judgment, you can place a lien on the rental property and then foreclose on it.

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Answered on 12/23/09, 9:55 pm


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