Re: Security deposite

For sure u have a right to put ur lien on thier property for the refund of ur deposit

Re: Security deposite

As for bringing suit, if your lease is with the management company, I recommend small claims court. If the lease is only between you and the owner, you would need to bring suit against him directly. The problem is that small claims actions cannot be filed against out of state residents. So you will have to file a regular civil court lawsuit.

My guess that your lease has an attorneys fee provision (basically stating that if there is any dispute involving the lease or property and it has go to court, the winner gets their attorney fees) I recommend you write a letter addressed to the management company and owner -- advise them that you will retain an attorney and sue both in Superior Court for wrongful withholding of your security deposit. Cite CC 19050.5 and state that unless you receive a full deposit refund in 10 days, you will be forced to have an attorney file suit on your behalf and that if that becomes necessary, the attorneys fee award will likely eclipse the actual judgment on the security deposit.

Once you get a judgment, you will have a few avenues, the first one being a lien on the property. But if your landlord is sensible, it should never have to get this point.

Best of luck

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