Legal Question in Real Estate Law in California
Getting a security deposit back
I rented a condo in CA for four years with a $500. cleaning/security deposit. Upon moving out on 4/31, I paid a professional cleaning service. They left the keys on the counter. My father left several phone messages for the owner. Finally, she called saying she would not be returning the deposit. As of May 24th, I sent her a certified letter demanding return of my deposit. May 26th, I recieved a letter (not certified) that had been addressed to my old address which now had gotten forwarded- post stamped 5/24 with an outreagous expalnation of charges. $200 for carpet cleaning, cleaning of the unit, patching of nail holes in walls, painting, and repairing the ceiling which had been damaged by the upstairs toilet leaking while I lived there, etc. I feel that she went over her time limit of which the law clearly states is 21 days to provide a list. I lived there for four years, with two young children. There was nothing beyond normal wear and tear- I do have pictures. What can I do to get this money back? Do I have a chance if I go to small claims court? Do I have to actually appear in small claims court? (I am in CO now, a single mom with a single income- so this would be difficult). Please help me. Thank you
1 Answer from Attorneys
Re: Getting a security deposit back
It is very difficult to do anything long-distance because of the costs of telephone, travel, lodging, etc. A lawsuit, even in small claims court, must be attended because testimony is required to establish your case.
The court has the power to award costs and attorney's fees if it finds the landlord's behavior to be unjustified and outrageous, but costs are court costs and do not include travel and lodging, and there is no guarantee a judge will see it the way you do.
You could consider selling [assigning] your claim for your C & D deposit to a friend and let HER bring the suit. This would have to be done in writing, and there is no guarantee a court would honor it, but it may be a solution. You would have to pay filing fees and your friend for her time, but any other way to proceed looks too expensive to me.
Good luck.
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