How is 21 Days to Return Security Deposit in CA calculated?

[Ultrarunner]

A co-worker was in the same situation... a new owner bought the building and she gave notice and moved... she waited for her security deposit and on day 24 called the new owner and was told she was not getting any.

I told her it was open and shut and went with her to file the papers for court and then I went to the new owner's business and his daughter was really obnoxious... she said and I quote, "If she's not happy sue!"... that's when I reached into my coat and served her... hr jaw dropped and then silence.

Her father came in to see what all the fuss was about and I introduced myself and he invited me to sit down... suggested he must have lawyer he could call and he did while I was there... HIS lawyer told him to cut a check on the spot and that was that...

Two things... some people really don't know and other's know and will do whatever they please unless someone calls them on it...

I really think the new owner didn't know... plus had a daughter that invited lawsuits!

PS As Snow mentioned there is also a provision for damages in some cases... since my friend got her full deposit back... my advice was to let it go and move on...

[NoMoreSnowForMe]

Originally Posted by Ultrarunner

A co-worker was in the same situation... a new owner bought the building and she gave notice and moved... she waited for her security deposit and on day 24 called the new owner and was told she was not getting any.

I told her it was open and shut and went with her to file the papers for court and then I went to the new owner's business and his daughter was really obnoxious... she said and I quote, "If she's not happy sue!"... that's when I reached into my coat and served her... hr jaw dropped and then silence.

Her father came in to see what all the fuss was about and I introduced myself and he invited me to sit down... suggested he must have lawyer he could call and he did while I was there... HIS lawyer told him to cut a check on the spot and that was that...

Two things... some people really don't know and other's know and will do whatever they please unless someone calls them on it...

I really think the new owner didn't know... plus had a daughter that invited lawsuits!

PS As Snow mentioned there is also a provision for damages in some cases... since my friend got her full deposit back... my advice was to let it go and move on...

I love this story! You rock! She was blessed to have your help. And I agree with you about settling out of court whenever possible.

[tarapaca]

Originally Posted by NoMoreSnowForMe

I love this story! You rock! She was blessed to have your help. And I agree with you about settling out of court whenever possible.

I agree that it's a great story. And thanks to both of you for the help and advice. I'd really like to avoid court - I just want my security deposit back less a fair amount for any damage I caused.

On that note I have a question about "wear and tear" and whether I have to pay the full amount for anything that needs replacing. For example the landlord is charging me the full price to replace a screen door he claims is damaged. When I moved in - six years ago - the screen door was already old, and a couple of small holes had been fixed in it. One of those repairs had worn through again and enlarged from what it was. Given the length of my tenancy does that count as "wear and tear"? If not, do I have to pay the full price for replacement, or a depreciated price given the age? I don't know how long ago it was installed, but it looked old six years ago.

[NoMoreSnowForMe]

In my opinion, the screen door would be normal wear and tear. And if it wasn't, you could only be charged a depreciated amount.

Wear and tear and depreciation, with some examples, is also addressed in the blue section towards the end of the page on the website link Ultrarunner linked for you above.

Let's say the life of a screen is 10 years (which I doubt), and it was 6 years old when you moved in, then he couldn't charge you anything to replace it. IMO.