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It's not twice the deposit you'd get. It's the original deposit PLUS twice the deposit as damages. And you made the original request for the return of the deposit with the email that you gave him originally, when you gave him your forwarding address for the first time.
Unless a lawyer tells you that you MUST first send that letter, I'd go straight to filing in small claims court.
It might also be that the good landlord who was so casual about everything is still being that way. Casual about returning the deposit since not everything was by the book before too. Have you called him instead of just texting?
Unfortunately you dont have that luxury as a LL. A tenant can turn around and use the law regardless how nice a LL you are/were. That’s why I keep it business. I’m friendly to my tenants but I’m not friends with my tenants.
As far as this goes, the LL is at fault fir not returning the money within the allotted 21 day period. Sorry. The law is the law. Being ignorant or lackadaisical about it doesn’t mean it’s ok.
Op you would need to send a demand letter asking for all your deposit back. That gives you the reason to file. You can’t file a lawsuit against someone without telling them that you will sue and lpallow them to settle.
I just visited that small claims link, and when I clicked on "demand refund of security deposit," they generated this letter that I'm supposed to send first:
Re: Return of Security Deposit
I am writing to request that you return my security deposit as required under Cal. Civ. Code
§1950.5.
I vacated the premises at **** on November 11,
2018. Pursuant to Cal. Civ. Code §1950.5, you were required, by December 2, 2018, to refund
my security deposit and/or provide an itemized statement listing any amounts you have withheld.
As of today, I have not received my security deposit or an itemized statement.
If you do not return my security deposit by December 28, 2018, I will proceed with a small
claims action to recover the entire amount of my deposit. Because you have missed this deadline, be aware that you are no longer allowed to deduct anything from my deposit. It must be returned in full to me.
You may also be responsible for damages up to two (2) times the amount of the security
deposit for illegally withholding my security deposit. I retain the right to seek additional
damages up to the amount allowed by law in a small claims proceeding.
If you wish to discuss this matter, I can be reached at the address and telephone listed below.
So it looks like they'd award 2x the damage, and I do have to give the landlord a chance to refund it (once this letter arrives) before pursuing anything further. I printed out the letter, and will send on Thurs or Friday if the check hasn't arrived by then... which I know you'll say is still being too nice, but I really don't want to get litigious unless/until it's absolutely necessary.
The court requires you to ask for the money in writing. If you did that in an email or text, then you're covered under CA law, because CA recognizes electronic communications as writings.
So, you probably don't technically have to send the letter, but if you'd rather avoid court, you can send it right now via email, and then also send it via some USPS/UPS option with delivery confirmation and maybe he'll pay you and you can avoid court. I used USPS with delivery confirmation, not requiring a signature, because the postal worker will scan it and stick in their mailbox. They can't avoid delivery and you have proof it was delivered.
I'd make the one change I added in red, to try to avoid having him send you part of your deposit with a ton of deductions, which is what I'd expect to happen next. Maybe you can avoid that step.
It's not twice the deposit you'd get. It's the original deposit PLUS twice the deposit as damages.
Yeah, that's what I meant... the original deposit PLUS an additional 2x that amount.
We've actually been talking via text, and he claims the "bookkeeper" sent it already - but then asked how much the deposit was, and said he's out of town until Saturday (so would contact the bookkeeper to verify). When I replied that it was $2500, he asked if I had the original lease agreement because that "sounded steep." And also said some money was deducted for cleaning, which he legally isn't allowed to do at this point.
So he's basically still jerking me around, but thankfully I did keep the original lease AND know exactly where it is! So I'll send him a photo of that when I get home tonight, and hopefully that will be the end of that part of the argument. Then if I get the check by tomorrow and it's only a LITTLE money (like $100) taken out for cleaning, I'll call it a day. If he attempts to take any more than that, and/or it doesn't arrive by tomorrow, then it's off to file at the courthouse. I was just really hoping to avoid that.
Don't be a wimp. Stick to your guns. Why let him even rip you off out of $100. Just say, nope, if you want to go there - it will cost you not only the deposit plus 2 times in penalties, plus my filing fees - so cough up the FULL deposit, or you'll see me in court. And you are guaranteed to win in court. I have helped people in these kinds of small claims lawsuits, and you have a 100% guaranteed win in this case.
I really can't stand it when people wimp out in these kinds of situations. You have all of the power here. You can legally get thousands of dollars out of this guy. And landlords are really easy to collect from because the court can order the sheriff to collect the guy's rental checks on your behalf, if he doesn't pay you. There is ZERO reason to allow him any kind of leeway.
So, stick to your guns. Let him know he can give you your FULL deposit back - or- you'll see him in court and it will cost him thousands. His choice.
Be strong. Don't be a wimp. You have all of the power here.
Yeah, that's what I meant... the original deposit PLUS an additional 2x that amount.
We've actually been talking via text, and he claims the "bookkeeper" sent it already - but then asked how much the deposit was, and said he's out of town until Saturday (so would contact the bookkeeper to verify). When I replied that it was $2500, he asked if I had the original lease agreement because that "sounded steep." And also said some money was deducted for cleaning, which he legally isn't allowed to do at this point.
So he's basically still jerking me around, but thankfully I did keep the original lease AND know exactly where it is! So I'll send him a photo of that when I get home tonight, and hopefully that will be the end of that part of the argument. Then if I get the check by tomorrow and it's only a LITTLE money (like $100) taken out for cleaning, I'll call it a day. If he attempts to take any more than that, and/or it doesn't arrive by tomorrow, then it's off to file at the courthouse. I was just really hoping to avoid that.
Well at least you do understand he’s jerking you around. I know exactly what deposits any of my rentals took in or what I owe. I also send a itemized letter at day 17. Signature request 3 day mail. There is no way in this day and age that you can’t get a check in someone’s hand within 3 days. By day 3 or 4 I know exactly what it’s gonna cost you to return my rental to acceptable condition (if you left it dirty)
And if I can’t remember your deposit i can look up on my original leases what it was. Sounds like you’re dealing with the landlords version of “the check is in the mail”
Update: It only took TWO MONTHS, but I finally got my deposit back - well, all but $200 of it. He didn’t even send an invoice, so legally I should have received the full $2500. But at this point I just don’t want to deal with him anymore, plus it really isn’t worth going to court over $200. So I’ll eat that money, and just be grateful I got the majority without having to go through legal hoops.
It's not 200 you'd get. It's probably 600 at least, and maybe 5K plus 200. So, you found out that he was a you know what who was trying to keep your deposit. I'd send him a copy of the law, plus a filled out small claims form, and a warning that you could be awarded 5200 by the court. See how fast he sends you the 200 he owes you.
I get that, but it’s just not worth the hassle... thankfully I’m okay without that $200, and relieved the whole thing is over now.
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