Legal Question in Landlord & Tenant Law in California

Security- I deducted $1490, returned $510.They cashed $510. Can they sue me for
I have a Tenant that moved out (after 3 years) at the end of July 2003. I did a walk through with them and told them what things I expected to be fixed or cleaned up. They did a few things but then decided to stop doing any more. Of their $2000 deposit I itemized around $1490 I believed was beyond normal wear and tear. I returned $510 to them with my itemization. They were not happy and left me 2 phone messages then gave up and cashed the check in September 2003. I never heard from them again till 1 week ago when then served me with a law suit. Their suit says ''We were not returned our $1500 security deposit when we moved out in July 2003''. My question is can I squash or stop the law suit since last year they cashed the $510 check I sent them with the itemization of what I deducted? I was thinking that once they cashed the check that meant they accepted the terms and then had no right to sue me after that.

Asked on 6/02/04, 11:08 pm

Ken Koenen Koenen & Tokunaga, P.C.

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Re: Security- I deducted $1490, returned $510.They cashed $510. Can they sue me

Cashing the check does not prevent a lawsuit. You just need to show up and defend the items that you itemized as being legitimate repairs.

Answered on 6/03/04, 4:56 pm

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