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Old 08-24-2013, 08:51 PM
 
9 posts, read 22,728 times
Reputation: 11

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please read this previous post before my new story.

suing former landlord over security deposit.








so i sent REQUEST FOR RETURN OF SECURITY DEPOSIT on 08/08/13
i thought my son sent it on the 7th, but he said the post office was closed.

I did say that i want my full deposit back by 08/20/13 but the check arrived today, 08/24/13, with 08/22/13 sent date stamp on it.


in the mail:

1) $800 check with 08/19/13 date on it
it looks like they tried to fool me so they can say "i wrote the check before the 20th", but the mail says they sent it on the 22 AUG 2013.

2) 4 printed pictures.
on the first picture it says "pet destroyed carpet and there is a heavy odor of urine in property"


i am upset not just because the mail is 4 days later + only $800 on it, but it looks like they are trying to fool me or something.

my friends says I need to call them again and give them last warning thingy because sometimes it works like this.

Should i call them again and ask for another $1400 because our deposit was $2200 or just file small claims court?

please help my out here.


thank you for reading!
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Old 08-24-2013, 08:59 PM
 
Location: Silicon Valley
18,813 posts, read 32,505,733 times
Reputation: 38576
You need to send them a letter demanding the $1400, saying you will take them to small claims court if they don't pay you by x date (give them 7-10 days).

Then file in small claims court for the $1400 plus attorneys fees.

To file in small claims court, you need to first demand the money.
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Old 08-24-2013, 11:39 PM
 
9 posts, read 22,728 times
Reputation: 11
Quote:
Originally Posted by NoMoreSnowForMe View Post
You need to send them a letter demanding the $1400, saying you will take them to small claims court if they don't pay you by x date (give them 7-10 days).

Then file in small claims court for the $1400 plus attorneys fees.

To file in small claims court, you need to first demand the money.



although i got this $800 by sending a letter demanding the full amount, i have to send them one more to get the rest?
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Old 08-25-2013, 04:55 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,703,004 times
Reputation: 26727
Quote:
Originally Posted by lfghj007 View Post
although i got this $800 by sending a letter demanding the full amount, i have to send them one more to get the rest?
Since they didn't return any of your security deposit within the time legally allowed to do so they have to return your whole deposit with no deductions. There's no need to send them another letter - they've already failed their obligation so don't deposit their cheque and go ahead and file in Small Claims court. File for additional damages (what's allowed under CA law) and costs too. You likely will prevail given the circumstances and your recovery will cover the expenses of having to travel to appear in court.
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Old 08-25-2013, 07:00 AM
 
7,672 posts, read 12,822,090 times
Reputation: 8030
^^^^^Yes

And print out all your photos that you took of your place to guard against getting lost before court.

And don't deposit the $800 check. In some areas depositing the check signifies you agree with the amount being refunded.
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Old 08-25-2013, 06:45 PM
 
639 posts, read 1,964,218 times
Reputation: 1329
Save the envelope so you have the postmark to show in small claims court.
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Old 08-25-2013, 06:49 PM
 
4,399 posts, read 10,671,195 times
Reputation: 2383
Quote:
Originally Posted by lfghj007 View Post
please read this previous post before my new story.

suing former landlord over security deposit.








so i sent REQUEST FOR RETURN OF SECURITY DEPOSIT on 08/08/13
i thought my son sent it on the 7th, but he said the post office was closed.

I did say that i want my full deposit back by 08/20/13 but the check arrived today, 08/24/13, with 08/22/13 sent date stamp on it.


in the mail:

1) $800 check with 08/19/13 date on it
it looks like they tried to fool me so they can say "i wrote the check before the 20th", but the mail says they sent it on the 22 AUG 2013.

2) 4 printed pictures.
on the first picture it says "pet destroyed carpet and there is a heavy odor of urine in property"


i am upset not just because the mail is 4 days later + only $800 on it, but it looks like they are trying to fool me or something.

my friends says I need to call them again and give them last warning thingy because sometimes it works like this.

Should i call them again and ask for another $1400 because our deposit was $2200 or just file small claims court?

please help my out here.


thank you for reading!
What state are you in. If you are in a state that allows you to collect double or triple the amount for the security deposit, make sure you sue for that amount. Not just because you can collect that much but it will give you more leverage since the the defendant will have more to lose.
You don't have to send another letter, but it will be easier for them to give you the money then to have to sue and collect. Might as well give it a try it worked somewhat the first time.
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Old 08-25-2013, 07:29 PM
 
27,214 posts, read 46,745,966 times
Reputation: 15667
Have you deposited the $800?
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Old 08-25-2013, 07:34 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,703,004 times
Reputation: 26727
Quote:
Originally Posted by jdm2008 View Post
What state are you in. If you are in a state that allows you to collect double or triple the amount for the security deposit, make sure you sue for that amount. Not just because you can collect that much but it will give you more leverage since the the defendant will have more to lose.
You don't have to send another letter, but it will be easier for them to give you the money then to have to sue and collect. Might as well give it a try it worked somewhat the first time.
The OP is in CA and the double security deposit claim was addressed in the previous related thread. Oh, actually, on this thread too! In my opinion there's no point at all in writing another letter. The landlord has failed to follow the letter of the law and now has to return the security in full so all the OP has to do is go and file the claim for it and the additional damages and get the ball rolling without further delay.
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Old 08-29-2013, 04:18 AM
 
9 posts, read 22,728 times
Reputation: 11
Quote:
Originally Posted by jdm2008 View Post
What state are you in. If you are in a state that allows you to collect double or triple the amount for the security deposit, make sure you sue for that amount. Not just because you can collect that much but it will give you more leverage since the the defendant will have more to lose.
You don't have to send another letter, but it will be easier for them to give you the money then to have to sue and collect. Might as well give it a try it worked somewhat the first time.

i am in CA and i think i heard Ca allows me to go for double amount.

please correct me if i am wrong.
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