Legal Question in Landlord & Tenant Law in California

Re: Security Deposit Witheld

Since you did not get a copy of the lease, I am advising you assuming your recollection is correct. I am also assuming that you moved out when the lease "expired", not required. Next, management was totally incorrect about your deposit. State law requires that it be refunded three weeks after you move out, minus deductions for unpaid rent and any damages you, or people you invited to visit, caused the apartment (not ordinary wear and tear). Small claims cases have to be filed where the defendant lives or does business, not what is nearest your new address. After all this time, I doubt that further phone calls are worthwhile. My suggestion is to have an attorney write the landlord, and/or management company, and if you are not paid, then small claims court. A further bit of good news....California has what amounts to a fine or penalty against landlords refusing to refund the deposit. A further assessment of $600.00 will be tacked onto the return of deposit. Good luck. Let me know if I can be of further assistance.

Re: Security Deposit Witheld

Mr. Bennett's answer is complete and correct. Technically, you can send out a subpoena for documents in Small Claims Court in order to get a copy of your lease, any lease signed by anyone else for that apartment from the date you signed to now, etc. First you have to file suit, then wait I believe for 5 days, and then send out the form subpoena duces tecum [the Court should have a form or look at the web site of CA Statutes] giving them 35 days to answer. Be sure the court date is set for after that or that you continue it to a date after. Unfortunately, my one experience doing that resulted in the judge doing nothing about the fact that no documents were produced. Since the other tenant remained there, I am sure the landlord did not do any repainting or repair of any damages he might claim you caused; his failure to give you written notice would wave that defense but it is worthwhile to bring it up so that the judge does not feel any sympathy for the landlord. Having the current tenant there to testify would be good but I doubt they would voluntarily come and it may not be worth the effort to subpoena her there [you are entitled to get your reasonable costs back from the losing landlord]. In your demand letter, you should point out all the costs the landlord will have if you have to sue. You need to see whether the lease has a clause that the winning party can collect attorney fees; although an attorney can not appear in court on the case, you can have one for every other aspect of the case so could collect those expenses back if the lease provides for them. Good luck, you have a solid case.