Legal Question in Real Estate Law in California

Re: sec. dep. return

Let me suggest that you do two things. First, read Civil Code section 1950.5, especially subsection (k) regarding $600 statutory damages for bad-faith retention of security deposits. Then, obtain (buy or borrow) a self-help law book on how to file and prosecute your case in small claims court.

After you have done this, you can decide whether you want to go after the landlord in court. If you get the check in the mail before you file, you may lose some enthusiasm, but you still have a decent case for the $600 plus some interest.

If you decide to go to court, place some emphasis on gathering evidence to show bad faith, such as copies of your letters plus testimony from other tenants who have been similarly treated.

The statutes are available on line at the Calif. Judicial Council Web site.

Re: sec. dep. return

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Unless your lease specifies otherwise, your landlord has three weeks to either return your entire deposit or to provide an accounting of the amount being retained and return the remainder of your deposit. If s/he fails to do so you can sue in Small Claims Court. The clerk should be able to help you with preparing and filing your claim, as failure to return security deposits is one of the most common reasons that people sue in Small Claims Court.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.