Legal Question in Landlord & Tenant Law in California

security deposite dispute

It’s also been almost two month after I moved out, and I haven’t received my deposit back. On the phone conversation the landlord claims that there was excessive damage to the apartment. Even though there is a slight dent on a wall in the bathroom and the carpet has a few spots in the living room from the puppy, the repairs still should be less than $2000 deposit. No damage was noted on the walk through with the on-site manager who received the keys from me. No paperwork was signed either. I am willing to pay for the repairs, but I wasn’t even given the description of the charges that were covered by security deposit.

Also I notified the landlord April 20 that I am moving out, and moved out on May 20. I paid full amount of rent for May. I though I should have been reimbursed the difference.

As I understand, I am legally entitled to either receive my deposit or get the explanation why the deposit has not been refunded within 21 days after vacating the premises. Now that I haven’t received either, do I have a chance to get my money back through a small claims court?

I appreciate you time and advise.


Asked on 7/07/05, 8:05 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: security deposite dispute

Civil Code Section 1950.5 requires that within three weeks (21 days) after the resident has vacated the unit, the owner must furnish the resident with a copy of an itemized statement indicating the basis for, and the amount of, any security received and the disposition of the security, and the owner must return any remaining portion of the security to the resident.

From what clients tell me, small claims court is generally very friendly to renters. You can visit my website for information on how to prepare your case:

http://www.chs-law.com/2005/02/using-small-claims-court-part-i.html

The small claims court also has a free legal adviser that can assist you with filling out the paperwork, preparing your case, etc.

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Answered on 7/07/05, 9:32 pm


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