Legal Question in Landlord & Tenant Law in California
Rules on receiving security deposit
after I was wrongfully evicted from my apartment I made sure to leave the manager with a forwarding address so that I would be sent any money remaining from my deposit as well as the itemized statement. When I didn't receive anything I called, I was directed to call the Main office in L.A. when I did so I was told in not so many words, ''that if there was money due me it was sent and that if I didn't get it it was returned to them and I was SOL. I know this isn't right but what an I do if all they do is tell me stuff like what they did before. I'm really in a bind and I had almost a 3 month security deposit and I know I sure didn't leave that in damages.
2 Answers from Attorneys
Re: Rules on receiving security deposit
First, it would have been illegal for them to collect anything more than the equivalent of two months for a security deposit. If they took more, you should probably go back and look at your lease to see if these were other fees, or if they took a two month equivalent security deposit plus your first month's rent, in which case you are only getting back (or theoretically entitled to receive) two months rent equivalent.
Second, they have 21 days in which to return the deposit, or provide you an accounting plus copies of receipts for repairs and cleaning. If they fail to return it within that time frame, and you are getting the run around from the, take them to Small Claims Court. From what you describe, you are not going to get anywhere with them by phone, so send a demand letter, then sue them in Small Claims Court. Good luck.
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Re: Rules on receiving security deposit
Under Civil Code 1950.5 the landlord was required to provide you with an itemized list of damages. Additionally, if the apartment was not furnished, then 3 months of rent for security is excesive, 2 is the maximum allowable under the civil code unless contracted to otherwise, and there are some other exceptions.
Your best option is to file a lawsuit for their failure to provide you with a proper accounting within 21 calendar days after you vacated the premesis.
As far as a wrongful eviction, you would need to provide additional information.
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