Legal Question in Landlord & Tenant Law in California

Plaintiff received a partial refund of a security deposit for an apartment, with part of the full amount improperly withheld. The check was noted "move out refund" (did not say either "in full" or "partial"). Plaintiff was afraid that cashing the check would be construed as accepting a full refund, and so did not cash the check. Plaintiff filed a small claims case for the full amount of the refund. The 90-day limit for which the check is good is approaching on Feb 17, and Plaintiff is now concerned that if she does not cash the check, she may wind up with nothing. Research on the internet indicates that if the Plaintiff writes "Not in full" on the check, her cashing the check would not constitute acceptance of the full refund. Is that true? Also, if Plaintiff does cash the check, must she amend her small claims complaint so that it is only for the amount still owed, or can she inform the court that she is only owed a partial sum when the case is tried?


Asked on 2/07/11, 11:30 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

I assume that the hearing already occurred so your question is moot.

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Answered on 4/17/11, 7:11 am


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