Can I Sue For Twice The Security Deposit And Bad Faith Deductions?

[What_to_do]

Orange County, California -I will give additional details if needed.

LL sent SD back, envelope was postmarked 01/22/08 and I signed for it on 1/23/08 upon delivery, 21 days was on 01/21/08. LL deducted $300 for a 15 + year old refrigerator and $70 for a new sliding screen door. I threw out the 15 + year old screen door last year since it was falling apart. I didn't tell the LL since she is very difficult to talk to and she had neglected to repair ripped seams in the carpet in several areas when I told her 2 years ago so I assumed she would not take care of something so little...and she got mad when I told her about the carpet and she said I was lucky to have such low rent.


I have sent her a demand letter with the help of OC Fair Housing and have not had any response. I did give LL a deadline. The letter informed her if I had received the security deposit within the 21 days she could deduct for the remaining life of the door and the fridge, but since I did not get the security deposit until 01/23/08 she owes me the entire amount deducted. Also she did not include any receipts for the $300 refrigerator deduction.


I am going to file a claim in Small Claims Court. I have read there is a penalty of twice the deposit if the LL does not abide by the law. In the area on form SC-100 page 2 of 5 that states, "The Plaintiff claims the Defendant owes $," should I put the amount of twice the security deposit + the amount of the bad faith deductions? Or just the amount of the bad faith deductions? Can I include in the total my filing fees?

[LawResearcherMissy]

You may sue for the amount of the security deposit, plus twice the amount of the security deposit for damages.

I've found nothing to indicate that you may also add filing fees or the amounts of the deductions.

[aaron]

Most courts award "taxable costs" to the prevailing party, which include (among other things) filing fees.