My question involves a security deposit in the State of: California
I moved out of an apartment last June. The landlord did not send either a refund of the sec deposit or an itemized list of charges within 21 days. (***) He later sent a partial refund with no itemized list. I disputed some of the charges (for example, he charged for painting and replacing the carpet, although I had lived in the place for 8 years which is well beyond their normal lifetime) and asked him to itemize the charges. He refused and said that he didn't have an itemized list anyway---he got a friend to do the work, and he was presented with only one bill.
I want to sue to recover the entire security deposit. However, I understand that he can file a counterclaim for damages and attempt to prove them. There is only one damage that I don't dispute.. I cracked a window. Apparently he can't itemize the cost of replacing that window, but what I wonder is---would the judge attempt to do a rough estimate of that in lieu of receipts and hourly charges, for example calculate a customary rate for replacing a window? Or would he dismiss the landlord's counterclaim entirely because the landlord doesn't have evidence of the amount spent?
The amount he withheld was $500. I would like to get the entire $500 back, but if the judge decides that replacing the window should cost, say, $400, then I only get $100 back which isn't worth the trouble.
(***) Oh I should add a note for those not familiar with CA law. The CA supreme court ruled that if a LL does not return the unused portion of the sec dep and itemize a list of charges within 21 days, the tenant is allowed to sue and recover the entire security deposit; BUT, the LL can then counter-sue and attempt to prove damages.
-Mike

