Legal Question in Landlord & Tenant Law in California
Security deposite
I leased a house through a property management. The owners a year later are wanting to sell their house and cancel their contract with the property management company. I have a $2500. deposite holding. My mom & I cleaned the house beautiful. The inspectors from the property management team came and video taped the house ,and made the commet how clean we left it. The owners live out of state. My property management told me the owners have 30 days to refund my deposite and the 30 days was up 3/1/07 . We never received any $$.
I called the owners and they told me that there daughter who I guess lives somewhere close by went to look at the house and told her mom it was a filthy(Which she is lying and we have the video tape to prove it. Now my question is can I put any type of lein on their property for my $$$? Or is this just another small claims court in which I would win and all they get hit with is a judgement against them and I'm out of the $$$$. 2nd question since I signed the rental contract with the property management company shouldn't they be liable too or at least be helping me? I signed the contract from beginning to end, and getting back the deposite should be part of it. Just so frustrated!! Thank You
2 Answers from Attorneys
Re: Security deposite
For sure u have a right to put ur lien on thier property for the refund of ur deposit
Re: Security deposite
As for bringing suit, if your lease is with the management company, I recommend small claims court. If the lease is only between you and the owner, you would need to bring suit against him directly. The problem is that small claims actions cannot be filed against out of state residents. So you will have to file a regular civil court lawsuit.
My guess that your lease has an attorneys fee provision (basically stating that if there is any dispute involving the lease or property and it has go to court, the winner gets their attorney fees) I recommend you write a letter addressed to the management company and owner -- advise them that you will retain an attorney and sue both in Superior Court for wrongful withholding of your security deposit. Cite CC 19050.5 and state that unless you receive a full deposit refund in 10 days, you will be forced to have an attorney file suit on your behalf and that if that becomes necessary, the attorneys fee award will likely eclipse the actual judgment on the security deposit.
Once you get a judgment, you will have a few avenues, the first one being a lien on the property. But if your landlord is sensible, it should never have to get this point.
Best of luck
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