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  1. #1
    Join Date
    Oct 2009
    Posts
    2

    Default Landlord Returned Partial Deposit but No Itemized Letter and It's Past the 21 Days

    My question involves a security deposit in the State of: ca
    I moved out my house Oct 1st, my landloard returned a partial deposit of $1465 on the 21st, my total deposit was $2400.So he took a lilittle over $900.
    He failed to send an itemized reciept of charges with the check. I highly doubt if he is willing to return any of my money. Can I take him to small claim since he has not returned the itemized paperwork within the 21 days?

  2. #2
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Landloard Returned Partial Deposit but No Itemized Letter and It's Past the 21 Da

    First, when you called him and asked him about where the itemization was, what did he say?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Landlord Returned Partial Deposit but No Itemized Letter and It's Past the 21 Day

    I suggest reading this. Did he include anything at all with the check, such as a notice that it was an estimate and information about who was performing repair work that was not yet complete? If your landlord failed to comply with the statute he loses his right to keep part of the deposit (read the caveats and sources of help securing the return of the deposit in the linked article); but that doesn't mean he can't otherwise pursue you for damages you caused even if he has to return the entire deposit due to his noncompliance. It may be possible to defeat such a claim, for example, by convincing the court that the charges were fabricated to cover for unjustifiably keeping a portion of the deposit, or that it would be fundamentally unfair to allow the landlord another chance to grab part of your deposit after his non-compliance with the statute.

  4. #4
    Join Date
    Oct 2009
    Posts
    2

    Default Re: Landloard Returned Partial Deposit but No Itemized Letter and It's Past the 21 Da

    He only sent a check in a envelope. I sent my property manager an email yesterday, she responded back by saying, He will put it in the mail. He lives around the corner as of today still no letter of charges.

    I called my property manger, who was under the assumption that the manger included it with the check, she then responded today by email saying he will put it in the mail. It's kind of odd he came up with $1465 even no change.

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