I vacated a home I rented in California at the end of the agreed lease and my landlord refuses to refund my security deposit. I caused no damage to the property (except normal wear and tear) and I am sueing him in small claims court.
California Civil Code states that a landlord has 21 days from the date the tenant vacates the property to deliver a written statement for any money to be retained from the security deposit. He didn’t give me anything in writing until 34 days and then only after many phone calls and a threating letter from me.
So my question is, is this an open and shut case simply by the fact that he didn’t follow the civil code as far as the 21 days? Am I entitled to my whole deposit even if I trashed the house (which I didn’t)?
It seems like this guy does this to all his tenants and I just don’t know if he’s got something up his sleeve.
i’m not a lawyer but i have been involved in a couple of similar disputes, one of which went to court. if the info you provided is all the facts and there are no others, you should have no problem getting all your money back. the only gray area is that ‘normal wear and tear’. i just vacated an apartment that i lived in for three and a half years and there was no discernable wear or tear. i reported any maintenance issues as they occured (cracks in ceiling, water leaks, etc.) and thoroughly cleaned before i left, so there was not much for management to do other than a standard cleaning/repainting. so as long as there are no other mitigating circumstances and your apartment was clean and there was no damage, you’re entitled to your security deposit.
IANAL, and I live in Texas, but Texas law gives a landlord 30 days to refund or list the repair costs covered by the deposit. Normal wear and tear cannot be included. If they fail to do this, the tenant can sue for triple damages plus court costs.
If you have something like a tenants council in the area, it might be worth a few bucks to see what they have to say about the case.
IANAL, either, but I do have some experience with landlord/tenant law.
It would be nice if you had something from him that acknowledges the condition of the property when you moved out. If you don’t have something like a move-out checksheet/inventory, photos are probably the next best thing. It’s a lead-pipe cinch that he’ll claim you left damages that required the use of your deposit to fix, and if it’s simply your word against his, it’s going to boil down to who the judge believes.
The judge may take many things into account. Things like demeanor, or whether you can demonstrate he has a history of dealing in bad faith with his tenants could sway things in your favor. Make sure the judge understands very clearly that you lived up to all the terms in the lease, and it’s the landlord in breach, but do it politely and respectfully. If you piss off the judge, he may not side with you even if you had the Pope as a character witness.
Oh yeah, sending a final letter of demand by certified mail can work wonders. State the circumstances and cite the tenant codes which the landlord has violated. You won’t get damages unless you sue, but you probably will get the deposit refunded. In any case, the judge will probably prefer to see a certified letter if this does come to court.
Again, check with a tenant law expert in your area, but it sounds like the condition of the property is now moot. He didn’t give you notice in time, so he loses the deposit.
Hmmm. You can get TENANTS HANDBOOK at your library or book store. Its for California. It shold have all the info. It’s $20.00 I think. Its by that law press, Nolo.
I am an expert in this matter… I watch Judge Mills Lane, Judge Judy, Judge Mathis AND the People’s Court!!!
The advise about not pissing off the judge is important.
Also, if I were you, I would try to bring previous tenants to court with you. You said you know he has done this before, can you actually get ahold of the tenants?
I do not think it is open and shut because of the 21 day thing… but I think it helps you a lot!!