Legal Question in Landlord & Tenant Law in California

Security Deposit Dispute

I requested a walk through in my 30 day written notice. My landlord (a property management company) did not respond at all. I recieved a phone call from the landlord a few days after I moved out saying she walked through, that the carpets would need to be cleaned, but other than that, I would received the security deposit, and she woulld take care of it that afternoon. I called and left messages that weren't returned, then a check was written on the 24th day after I vacated the premises, and postmarked the 25th day, keeping $300 ~ $125 for carpet cleaning and $175 for ''yard clean up''. Do I have grounds for getting the entire deposit back? They didn't follow the 21 days in the law, and I was only informed about the carpet cleaning -- also, the receipts included were not itemized, just ''carpet cleaning'' and ''yard clean-up''. Oh, and I lived in the house for over 5 years, if that makes any difference. Thanks so much for your advice.


Asked on 7/02/09, 1:54 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Re: Security Deposit Dispute

Small Claims Court is super easy, very low cost, and very little risk if you lose. I think you have a decent case against them for return of the remaining part of the deposit. You will want to allege bad-faith retention of the deposit and demand not only the return of the amount withheld but the additional damages as well. A judge or commissioner will sort out what you are actually entitled to. Be sure to allege that you requested the walkthrough and were rejected.

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Answered on 7/02/09, 2:03 pm


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