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Landlord Withholding Security Deposit

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  • 05-28-2008, 12:43 PM
    smile007
    Landlord Withholding Security Deposit
    My question involves a security deposit in the State of: California

    I rented a townhouse in Agoura Hills California for six years. Initially I was on a year lease which then became month to month. I gave a 30 day notice which would require me to vacate May 3, 2008. I was out on time with the townhouse cleaner and in better condition than when I moved in.

    I called the property manager May 21 2008 to follow up on my reimbursement and he said I should have my deposit back that week - that he would "look onto it" and let me know. He never got back to me. May 24 was 21 days and I have not recieived my deposit of $1,500.00 (plus interest? is interest required?)

    I sent a letter to the manager stating the owner was now in violation of Civil Code Section 1950.5. I paid for a certificate of mailing as proof.

    Today I called and talked to the manager. He said he never recieved the letter, claimed the check was sent to my old address and should be forwarded to me. I asked when it was sent he said he was not sure but said he "called them after we talked" (05-21-08) so "it was probably mailed on thursday or friday, I don't know" (05-22-08 or 05-23-08).

    I asked if the refund check was for the full $1,500.00 and he said a standard cleaning fee of about $200.00 was deducted and was unsure if any other amount was deducted. He advised me to wait for the check and call him back to discuss it since he was unsure about other deductions.

    Since it has been over 21 days, am I not entitled to the entire $1,500.00? Also, is it futile to file with small claims court since the check may be "in the mail" and am I entitled to statuatory damages and interest as well even if I get the check (with deductions) in the interim?

    Thank you for any assistance, it is greatly appreciated.
  • 05-30-2008, 05:56 AM
    LawResearcherMissy
    Re: Landlord Withholding Security Deposit
    Quote:

    Also, is it futile to file with small claims court since the check may be "in the mail" and am I entitled to statuatory damages and interest as well even if I get the check (with deductions) in the interim?
    Wait a week, since we did just have a Federal holiday and it does take a few days for the USPS to forward mail anyway.

    But after that? If you've not received it, it was not mailed timely, and you can take the landlord to court for the full deposit, plus double the deposit.
  • 05-30-2008, 02:49 PM
    smile007
    Re: Landlord Withholding Security Deposit
    Quote:

    Quoting LawResearcherMissy
    View Post
    Wait a week, since we did just have a Federal holiday and it does take a few days for the USPS to forward mail anyway.

    But after that? If you've not received it, it was not mailed timely, and you can take the landlord to court for the full deposit, plus double the deposit.


    Thank you for your response Missy. For clarity's sake; even if I do receive a check - with deductions - but it is postmarked after 21 days can/should I still pursue small claims for "double the deposit" plus interest and statuatory damages?

    This is not out of greed. I am a single woman and during my tenancy the manager harrassed me and on many occasions did not give me 24 hours notice when he entered my apartment for various reasons (leaky roof damage - replace thermostat) etc. This is out of principle - I remained a good tenent despite his antics because I did not want to "rock the boat" or give him any reason to give me a 30 day notice - and it is a violation of the law...

    Again, thank you for your help!
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