Legal Question in Landlord & Tenant Law in California

I feel my security deposit was unrightfully with held from me. I was charged for items I am not responsible for. I was not provided with any pictures or invoices. According to California Fair Housing Law, I am entitled to a refund or itemization of charges within 21 days, however, I did not receive anything until after 37 days. I addressed my concerns in writing, and asked for a written response within 14 days; it has been over 21 days and have yet to receive a response. What is my next step?


Asked on 9/09/09, 7:35 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

File an action in Small Claims Court for recovery of the deposit, plus penalties. When you present your case in Small Claims, don't refer to the Fair Housing Law - that has to do with discrimination and not retention of security deposits. Read California Civil Code �1950.5 for an explanation of security deposit and the refund thereof. Be prepared to address those items where the landlord claims damages with counter-evidence as to his claims. Also, read the part of �1950.5 that deals with pre-move-out inspections. Good luck.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 9/09/09, 8:01 pm


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