Legal Question in Landlord & Tenant Law in California
who must prove security deposit received
I paid my former landlord a security deposit of $1,300 in cash (since most/all landlords do not accept checks for security deposit). He gave me a receipt on one of those little carbon books. I completed my lease of one year and I have moved. Now my former landlord is telling me that unless I show him a receipt for that $1,300; he has no intention of returning it. He's even saying that I never gave him a deposit. I can't find the receipt at the moment due to the move. I assume that I will have to take him to small claims court, but what safeguards are out there for someone in my position? Are there laws regarding who the burden of proof is upon? Any info would be appreciated. Thank you.
2 Answers from Attorneys
Re: who must prove security deposit received
If it's in the lease that you provide him with a $1,300 security deposit, and he never complained that you hadn't paid it, nor tried to evict you because you hadn't, the implication is that you paid it. Most landlords would not extend the deadling for payment beyond, perhaps, two months in my estimation.
Re: who must prove security deposit received
As the plaintiff, you would bear the burden of proof. Even without a receipt, the lease probably refers to the amount of the deposit and that would probalby be enough evidence for a small claims judge to find in your favor. As my colleague correctly noted, the landlord's failure to complain or take action on a LACK of deposit is admissible evidence as well that you paid a deposit. You should also consider asking the court to issue a subpoena for the landlord's bank records for that time period because you might see a $1300 deposit during that time period.
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