Legal Question in Real Estate Law in California
Getting a refund on my security deposit
My previous landlord refused to pay any refund from my security deposit for the foll'g reason:
Carpet soiled
plumbing repairs
trash replacement
under sink shelf replacement
Although except for carpet soiled none of the above items were broken or malfunctioning. Most of the hardware were pretty old and were not replaced when i moved to the unit 2 yrs ago.
Am I liable to pay for wear and tear of the hardware. Moreover the landlord ignored all our request to fix lots of plumbing problems we had.
My question:
1.Is it worthwile to file a lawsuit(amt i need to recover is $600)
2.If yes, how good are my chances of getting back the money?
3.Most of the facts above were discussed over the phone with my landlord and except for the lease agreement,I do not have any other proof that nothing was fixed by him.
Appreciate your immediate response
thanks
3 Answers from Attorneys
Re: Getting a refund on my security deposit
If you feel that you are correct, then you can only lose your filing fee and service of process fee to file in small claims court. If you file, you should also ask for punitive damages in accordance with Civil Code Section 1950.50 in the sum of $600.
Re: Getting a refund on my security deposit
No, they cannot withhold refund of the security deposit for normal wear and tear, such as plumbing fixtures.
Take the landlord to small claims court.
Re: Getting a refund on my security deposit
It's worth taking to small claims--the landlord can't charge for normal wear and tear, and can't charge for items he is obligated to repair and didn't. If you have witnesses who can appear or sign sworn statements, even better.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
