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  1. #1

    Default California: Landlord Refuses To Give Deposit, Itemization Or His Address

    When we moved into the rental house in November of '06 we asked the Landlord for an address to send rent. He told us just to call him and he will pick it up.

    Shortly after we moved in we complained to the landlord that the garage door was rotted through where the hinge was connected and that it fell ontop of my husband, he told us not to lift the door. This door also had no lock on it, the landlord jimmied a screw driver to keep it shut. We also at that time told him the stove had a burner on it that did not go with the stove. We told him that when we tried to turn on that burner it would spark. He told us not to use that burner. In January of '07 we told him the front wall heater did not work. He said he would fix it, he never did. This is all reflected on a walk through sheet we had filled out when we moved in. At the time we gave our landlord the sheet, he said he didn't believe in them, but took it at our insistence.

    Due to finances and the lease we were unable to move out for a year. On December 1, 2007 my husband called the landlord and told him that he had the rent check and a thirty day notice we would be leaving. The landlord told him he was out of town, but would be by on the 3rd to pick it up.

    We moved out on December 31st. My husband called the landlord to do a walk through, after our belongings had been removed and the place was cleaned. We were told that "He never does those, just leave the keys and forwarding address on the kitchen counter".

    On January 21, 2008, my husband called our landlord, (we will call him ray) inquiring why we did not have our deposit. Ray said he lost our address and said he needed to get a pen and paper. my husband gave him the address. Then asked him how much we were getting back. Ray informed my husband that he had not even done the statement yet. When my husband informed him he had 21 days for us to receive it, Ray became hostile and shouted that my husband did not know what he was talking about, and don’t be telling him what the law is. Ray claimed that it didn’t matter what the notice said, we were renting it until January 2nd and he had until February 2nd to return the deposit. Ray then hung up on my husband.

    A few minutes later my husband called back. Ray refused to answer the phone so my husband left a message on his machine. The message told him that we were reporting him to the state because the house was unsafe due to the sparking stove and the garage door falling down on top of my husband. my husband also informed him we know the place was rented within two days after we left, and the law states that he has to pay the deposit when a new tenant moves in, i.e. he can’t have two deposits on the same property. my husband told him he would be expecting the deposit in full to be mailed tomorrow. Said goodbye and thanked him.


    Approximately 15 minutes to a half hour later, I called Ray. The call was made in the hopes of defusing the anger and being able to talk about this rationally. Ray said he did not want to hear anything else about the deposit. I informed him that California has two laws that apply here. One, we can sue him and get double our deposit back for his willful refusal to give it to us, and secondly, that it is illegal to rent out a property that has severe habitability problems. She told him both the sparking oven and the garage door lock fell in that category. Both were promised to be fixed in December of 2006 and were not. He laughed and said that we can’t sue him because we do not know his address and he is not giving it. He then told me that “even though he had been called to pick up the rent and the notice on the 1st of December, he did not get around to it until the 3rd so our move out date was changed to the second of January. ”. He then hung up the phone.


    We have moved to another state, what are our options? We both feel that the landlord has no intention of returning our deposit. Rumor has it the man has money problems.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,307

    Default Re: California: Landlord Refuses To Give Deposit, Itemization Or His Address

    Ray is not as unfindable as he thinks he is. You can typically find out who owns a property through county property records, usually available on the county auditor's website.

    If you tell me what city and county in California the property is located in, I can point you to the correct website to use.

    Ray's screaming to the contrary notwithstanding, he is in fact in violation of Section 1950.5 of the California Civil Code, which states that the landlord has 21 calendar days to return your security deposit. Additionally, it doesn't matter when Ray wanted the ove out date to be. Provided the notice was properly dated and Ray was notified, your move out date is what was on the notice.

    Can you sue? Yes, you can.

  3. #3

    Default Re: California: Landlord Refuses To Give Deposit, Itemization Or His Address

    I found his address through a friend of mine who works for a title company. We sent a letter of demand yesterday. Does anyone know what kind of proof we need to get "bad faith" punitive damages if he does not return out deposit? Also, is there any recourse about his refusing to do a walk through? My understanding is if a tenant requests one, the landlord has to do it.

    All I really want is my deposit back, but If I have to fly back there, rent a car, get a hotel etc, I would at least like to make enough in punitive damages to cover my expenses. If not, I will probably still go back because he has made me mad.

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