Legal Question in Real Estate Law in California
21 days gone and no refund of deposit
Twenty-two (22) calendar days have gone by since I vacated premises I had leased for ten (10) years. On the final day at the rental, I left a note for my landlord indicating the address to which I wanted the deposit refund sent. At the time of leaving the rental, the landlady told my wife she was going to take care of the carpet and drapery cleaning at her expense. She is holding $2000.00 in deposit funds and has not corresponded with us in any fashion. Two days after we vacated the property, the landlady called us to make sure we left all the keys we had to the property. We assured her we had. She also acknowledged receiving the note I had left for her regarding what address to mail the deposit refund to but has not acted within the provisions of California Civil Code section 1950.5, paragraph 5, note ''g''. Phone calls we've made are not being returned so what's our next legal move. Thank you for your assitance.
3 Answers from Attorneys
Re: 21 days gone and no refund of deposit
You may have a good case aganst the landlord including punitive damages according to statute. Please fax me any lease, letters, and documentation, to 714 363 0229 and I will provide you with consultation.
Re: 21 days gone and no refund of deposit
Write a demand letter. If they still don't respond, sue them in small claims court and ask for a full refund of the deposit.
Re: 21 days gone and no refund of deposit
The usual next step is to prepare, file and serve a small-claims complaint. I recommend waiting another couple weeks and trying at least one written request in the meantime, however. Filing suit at the first possible moment is not going to gain you sympathy with the judge.
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