Going to court for recovery of security deposit?

[said99]

Hello, I recently ended a month-to-month rental agreement in CA and it looks like I'm going to have to take my landlord to court to recover my security deposit (he has not sent me a refund or list of deductions in the required 21 days). He told me specifically a couple days after I gave notice that he would not give me the deposit in 21 days, but it has been much longer than that and he has ignored both my calls and several certified letters.

Does anyone have any experience in cases like this? What should I expect? Any tips you have for me or things I should be aware of? Any advice that is California-specific would be a great help.

I know that the landlord has the money; he offered to hand it to me in cash the moment I gave notice, but would not sign a receipt and wanted to withold money for a completely separate issue (non-landlord/tenant related).

Any insight would be greatly appreciated; I have researched CA law endlessly and know I have done nothing wrong and am entitled to a full refund of my deposit, but I have no experience with the court system.

[orson19]

in CA, cases like this are no-brainers lately. you win unless l/l can prove he made a reasonable attempt to deliver to you a list of dedcutions. BIG mistake on his part to withhold your deposit because of some other matter.
IIRC, CA allows punitive damages in this type of situation, though I have never seen anyone even report getting them ordered, let alone collecting them.. Usually the l/l is just req'd to refund the deposit in full.

file the papers; court costs become part of your claim.

[taillefer]

in CA, cases like this are no-brainers lately. you win unless l/l can prove he made a reasonable attempt to deliver to you a list of dedcutions. BIG mistake on his part to withhold your deposit because of some other matter.
IIRC, CA allows punitive damages in this type of situation, though I have never seen anyone even report getting them ordered, let alone collecting them.. Usually the l/l is just req'd to refund the deposit in full.

file the papers; court costs become part of your claim.

In many cities there's a housing authority that works with tenants where the landlord refuses to return deposits - this is a very common situation. Some citied have laws that require a double or triple payment if the landlord doesn't meet certain rules. Check into this first.

Good luck.

[panteno]

he who sues first usually wins first. you may need to wait till the 21st of next month allowing at least 30 days for his promise to pass and then FILE FIRST. He may decide to pay you as soon as he receives the letter from the county court to avoid having to go to the court house and losing in from of the public.

[dubh35]

Hi there, I am not sure if this is helpful, but I lived in the SF Bay Area for 7 years in five different places. I left all of these places SPOTLESS and never got a security deposit back. By the time I left the state, it was almost like you just expected landlords to keep your deposits! I feel your pain but unfortunately do not know the law. You could contact the following, which does pro bono law in Berkeley, CA. Perhaps they could give you a starting point, if they can't answer your question over the phone. FYI, I had a friend that worked there during his second year at Berkeley Law School. It was a wonderful, knowledgeable organization. Below is the info. Best of luck!

NAME OF ORGANIZATION: East Bay Community Law Center

ADDRESS: 3130 Shattuck Ave. Berkeley. CA 94705

CONTACT PERSON: Chauniqua Young

PHONE: 510 548-4040x336

EMAIL: [email protected]

WEBSITE: http://www.ebclc.org/

PREFERRED MODE OF CONTACT: phone/email

[maddox]

I am in CA.

You need to first issue him a demand for payment, with your new address, in writing.

30 days after you do this you can sue him in small claims court.

You will only have to prove that you paid a deposit. He has to prove you either did not deserve a refund, or that he paid it already. If he is claiming that you should not receive it he has to produce a copy of the letter he send you detailing where the money went.

He can only retain funds for the unit, unpaid rent, late fees, cleaning and damages.

Request 3 times the deposit back. Legally the judge can give it to you. They rarely do, but it will not hurt to ask. He can't give it to you if you do not ask.

[hillocke]

Hello, I recently ended a month-to-month rental agreement in CA and it looks like I'm going to have to take my landlord to court to recover my security deposit (he has not sent me a refund or list of deductions in the required 21 days). He told me specifically a couple days after I gave notice that he would not give me the deposit in 21 days, but it has been much longer than that and he has ignored both my calls and several certified letters.

Does anyone have any experience in cases like this? What should I expect? Any tips you have for me or things I should be aware of? Any advice that is California-specific would be a great help.

I know that the landlord has the money; he offered to hand it to me in cash the moment I gave notice, but would not sign a receipt and wanted to withold money for a completely separate issue (non-landlord/tenant related).

Any insight would be greatly appreciated; I have researched CA law endlessly and know I have done nothing wrong and am entitled to a full refund of my deposit, but I have no experience with the court system.