Claim Against Security Deposit - No Receipts Provided

[jstkathy5]

My question involves a security deposit in the State of: California

Long story short, Sec Dep Accounting rec'd within the required 21 days but did not have the required receipts, invoices etc. All that was provided was a hand written reciept with all the charges on it. Claimed damages $2400.

I have tried to assist my son, who rented the apartment, in eliminating the illegal charges so that he learns he needs to pay for what he's done and also that he needs to advocate for his rights. A letter to the mgmt co/owner denied. A call with an offer to mediate denied. That leaves nothing but small claims court right?

If we go to court on this, will the charges automatically be dismissed because they did not provide reciepts or is it dependent upon the mood of the judge?

I would like to be able to show the owner in writing that small claims with rule against him because there were no reciepts but all I can find is that he's supposed to...not what happens if he doesn't....

Here's hoping the judge will rule in my son's favor....

Kathy

[aaron]

Read this.

The landlord also must send you copies of receipts for the charges that the landlord incurred to repair or clean the rental unit and that the landlord deducted from your security deposit. The landlord must include the receipts with the itemized statement. The landlord must follow these rules:

• If the landlord or the landlord's employees did the work - The itemized statement must describe the work performed, including the time spent and the hourly rate charged. The hourly rate must be reasonable.

• If another person or business did the work - The landlord must provide you copies of the person's or business' invoice or receipt. The landlord must provide the person's or business' name, address and telephone number on the invoice or receipt, or in the itemized statement.

• If the landlord deducted for materials or supplies - The landlord must provide you a copy of the invoice or receipt. If the item used to repair or clean the unit is something that the landlord purchases regularly or in bulk, the landlord must reasonably document the item's cost (for example, by an invoice, a receipt or a vendor's price list)

• If the landlord made a good faith estimate of charges - The landlord is allowed to make a good faith estimate of charges and include the estimate in the itemized statement in two situations: (1) the repair is being done by the landlord or an employee and cannot reasonably be completed within the 21 days, or (2) services or materials are being supplied by another person or business and the landlord does not have the invoice or receipt within the 21 days. In either situation, the landlord may deduct the estimated amount from your security deposit. In situation (2), the landlord must include the name, address and telephone number of the person or business that is supplying the services or materials.
  
  Within 14 calendar days after completing the repairs or receiving the invoice or receipt, the landlord must mail or deliver to you a correct itemized statement, the invoices and receipts described above, and any refund to which you are entitled.

The landlord must send the itemized statement, copies of invoices or receipts, and any good faith estimate to you at the address that you provide. If you do not provide an address, the landlord must send these documents to the address of the rental unit that you moved from.

[jstkathy5]

Thank you for your reply Aaron, however, I am already aware of what the owner was supposed to do based on the California Civil Code. He didn't. So my question whether or not the judge would automatically rule against the owner because of the violations.