Legal Question in Landlord & Tenant Law in California

Who Is Responsible For Deposit - Who Do I Go After

I terminated my lease in November 2001 while Property Manager #1 was the owner of the apartment (Concord, CA). They sent me a check. I was unhappy with the amount and sent it back requesting more detail on the deductions. At this time, the property manager switched for this apartment to Property Manager #2. #2 informed me they received my check from Property Manager #1 but indicated I needed to take my dispute up with Property Manager #1 since they were the Property Managers when I ended my lease. I got lazy and am now trying to recover this deposit. Property Manager #2 has given the property to Property Manager #3. Property Manager #3 says I should not be dealing with them and that I need to go after the people responsible for my deposit.

1. Do I sue Property Manager #2 since it seems they are the ones that have my deposit? (Is this a good rule of thumb - go after the Property Manager that still has the money)

2. Am I still within the Statute - 4 years for written contract, right?

3. Do you think it is negligent that the check was sent to my old address even though they had my correct forwarding address on the checkout list? I want to recover punitive damages as well.

Thank You


Asked on 8/12/05, 3:09 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Who Is Responsible For Deposit - Who Do I Go After

I would send a certified, return receipt letter to the owner who is ultimately responsible for your deposit, since the lease was his/her/its property and the property managers were merely agents. Then, if you get no satisfaction, name them all in a small claims lawsuit.

Read more
Answered on 8/12/05, 4:26 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California