Legal Question in Real Estate Law in California

Tenant Law

My past landlord never mailed or personally delivered copies of receipts or an itemized statement for deductions to our security deposit, she emailed them. Also, she didn't refund our deposit until 36 days after we moved out. Can we sue her?


Asked on 8/19/08, 7:23 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Tenant Law

Of course you can sue her, there has been a technical violation (or two) of the law, but since the law requires "bad faith" on the part of the landlord, you are unlikely to be awarded any punitive damages and your actual damages are probably very small.

I'm also doubtful that the judge would find email instead of USPS mail as anything so prejudicial as to justify damages based on the method of delivery. What exactly would your damage claims be? 21 days' interest for the delayed payment? I calculate that as $5.83 if your refund was $1,000.

Finally, note that thre are circumstances where delay in making a refund is permissible, such as when the cost of needed repairs or cleaning cannot be determined promptly.

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Answered on 8/19/08, 8:42 pm


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