I live in California, and my landlord says he's going to file bankruptcy, can I still get my Security Deposit?

[vaiveatoish]

I moved out of the built-on apartment March 20th, 2009. My landlord did an inspection the night I was finished cleaning and said everything looked great, and to just give him 4 to 6 weeks to return my security deposit of $600 dollars.

Now, I live in CA, and I did not know at the time that the time to return my deposit was 21 days. So, I waited until around the 25th/26th of April and gave him a phone call & left a message. He did not return my call until May 2nd.

He said that he is planning to file bankruptcy within the next week, but he wants to return my deposit because he doesn't want to look like he's cheating people; however, he also said he will only return $500 of the deposit, because I left the place dirty (microwave, stove, shower, etc.)

Now, I took pictures of everything, for this very reason, and told him so over the phone. He then says he actually needs the extra $100 dollars, and doesn't have it to pay me back in full, which is why he would only be able to send $500. He also said he could only send it in parts. He said on Monday, Tuesday at the latest, which was the 5th of May, he would send out a check for $300, and a 2 weeks later, he could send the other $200. I agreed.

He has my current address, phone number, etc. Nothing arrived in the mail last week, and it is now the 12th of May.

I have been moved out for 52 days now. I do know that I can file a small claims up to twice the amount of the deposit, however, I do not know what to do if he has filed bankruptcy? What are the laws for him filing bankruptcy, IF he has even filed yet, and me getting my deposit? Would I be able to get my security deposit back or is it just gone?

I'm not trying to make this a huge deal for him; however, I just graduated college, it was my first place renting and I feel like I've been taken advantage of. I just want my money back if possible.

Also, would there be any other legal issues, because I'm not even sure he's suppose to be renting out of his house. Like I said, it was a separate "small house" he built next to his garage, and he never had any real formal papers. Like, he wrote on a piece of paper that I had paid him first month's rent and a $600 security deposit, that I kept. So, would he get in trouble for renting out of his house if he's not legally a landlord? Is there anyway to find that out without asking, or would it just come up in court if I have to sue him?

[bergh39]

He can legally rent his place out, typing out a lease or writing an agreement on paper is the same. If he included you in the bankruptcy you will be notified by either him, his attorney or the courts. They have to notify all that are included in the bankruptcy, you can attend the hearing and dispute it. I'm not sure if it will help, however you have the option if you were named. Other than hounding him for the money or taking him to small claims there isn't much else that you can do.

[treasigh]

He can legally rent his place out, typing out a lease or writing an agreement on paper is the same. If he included you in the bankruptcy you will be notified by either him, his attorney or the courts. They have to notify all that are included in the bankruptcy, you can attend the hearing and dispute it. I'm not sure if it will help, however you have the option if you were named. Other than hounding him for the money or taking him to small claims there isn't much else that you can do.

he's stalling you. it's been more than 21 days, sue him in small claims
or you'll never get anything. you may not get anything anyway.
the other issues are not your concern.