Legal Question in Real Estate Law in California

securty deposit after 21 days.. we have not recieved our deposit. We turned in keys on 3/15/10. We left numerous mssgs for landlord. I finally got a call today that they did not send $ because no forwarding address. however, i wnet in person an provided them with address verbally. She will have itemized sheet and check of $280 for me on Sat. That will be 27 days. My dep was $600.00. Can i demand the whole amount? Do i take it to small claims? IS it better to get a lawyer?


Asked on 4/15/10, 12:41 pm

1 Answer from Attorneys
Ken Koenen, LLM Law Office of Ken Koenen

Generally, if they do not supply you with an itemized list of deductions from the deposit within 21 days after you vacate, they may not withhold any amount, and are required to return the entire deposit. However, if there were items for which they had a legitimate right to withhold, they could take you to small claims court to get a judgment for that amount. You have the same right, but if there are legitimate deductions, you might lose.

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Answered on 4/20/10, 12:58 pm


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