Legal Question in Landlord & Tenant Law in California

We never received our deposit back or a itemized list of deductions from landlord as to why he kept it all. It has been over 3 months, we sent him a request for the deductions as stated on the rental agreement that we would be entitled to know. Also, on the rental agreement we agreed to pay in cash each month which in turn gave us a 50.00 decrease in the rent, so therefore we have no real proof because we did not get any receipts from him.

He has our new address and our phone has not changed. We did not copy the letter we mailed asking for this. What is the statute of limitations here in California to file a claim?

Thank you for your help.

Susan


Asked on 12/19/09, 6:48 pm

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

You have four years in which to sue on a breach of a written contract, but for a variety of reasons the sooner you sue the better. Having failed to notify you within 21 days of your vacating the rental unit as to how much and why he is holding any sums back, he now can not raise any of those arguments and is liable for up to three times the amount of the secuirty deposit. If in the rental contract it states that he is entitled to attorney fees i fhe has to enforce the contract terms against you, you also ae entitled to reasonable attorney fees. While an attorney is not allowed to appear before the Small Claims Court judge, one can prepare you for the hearing, write a short brief, etc. Please see prior answers on this site as to SCC.

First send him a demand letter that he has 10 working days to pay you or you willl successfully sue for three times the deposit and attorney fees. Then file the suit.

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Answered on 12/24/09, 7:08 pm


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