Legal Question in Landlord & Tenant Law in California

I paid a $750 security deposit on an apartment. My landlord had not returned my security deposit until I called to complain. She claims she sent it to the wrong address, and would be happy to send it to my correct address. I knew she was only trying to buy some time, seeing as she had 21 days to send the money, along with the receipts, and failed to do so. She told me that she'd include the original envelope, addressed to me, stamped by the post office, to prove that she did try mailing it within the 21 days. She did not do this, she sent me a copy of a blank business envelope (my name was no where on it). What they were trying to send me was a check for $95.00. They claimed they were keeping the remainder of the money for cleaning, painting and miselaneous repairs. Wether I disagree with the repairs or not, no receips were included. In fact she even wrote "receipts to follow" on the sheet of paper. My question is, am I entitled to the full $750 now, being that it has been almost 2 months and I still haven't been given ANY receipts? Or is the fact that they "tried" to send me their estimate before the 21 days going to be reason they could keep the money? Please let me know if I should sue, or what you think I should do. They are trying to offer me more money and claim they "aren't going to be managing that property anymore". But I signed my lease with them, a property management company. I don't want a few hundred back, I want all of it back, the 21 days are up and no receipts!

Asked on 6/24/10, 1:23 pm

1 Answer from Attorneys

Take her to small claims court. This is exactly the kind of case it exists to handle.

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Answered on 6/24/10, 4:30 pm

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