CA Security return says Deposit in Full but isn't (rental, security deposit, legal)

[KaraG]

We received a partial refund of our security deposit from a CA rental 7 weeks after we vacated. The list of fake deductions was handwritten with no specifics or itemized receipts as required by the CA codes. We left the place spotless and have a signed walk through. He shorted us about 1/3 of our $5000 deposit and then wrote "Deposit in Full" on the check. He even deducted $400 for his mileage.

We would like to cash the check and at least get a portion of our money back now then sue for the balance due, but we are concerned that a judge would dismiss our case because of the Deposit in Full notation. Do you think it's worth a try since he intentionally tried to get away with bogus deductions?

[Ultrarunner]

Back in Business Law 101, I was taught conditional endorsement notations don't mean much unless the amount is already in dispute and the check is tendered in Settlement of the Dispute.

Also, in some circumstances you are able to cross out the endorsement notation as evidence you do not agree.

I'm not a lawyer... so it's only my opinion.

Be certain the Owner will vigorously argue this point in court... but, you've got CA Security Deposit Law on your side... 21 days is 21 days.

[atlmburns]

I agree with ultrarunner, but i wouldn't cash the check before speaking to someone in the legal field first. If you can don't cash the check, this might be seen as accepting the payment as full payment, instead go to your District Court and file a small claim against the landlord, it doesn't cost much $under $20 I think, he'll get a shock when he receives his summons in the mail.

Here's the link to get you started making a small claim California Courts: Self-Help Center: Small Claims

Good Luck

[Donn2390]

Originally Posted by atlmburns

Here's the link to get you started making a small claim California Courts: Self-Help Center: Small Claims

Great link, I'm saving it for future needs....

[KaraG]

Thanks everyone. We can't find an attorney who is experienced with this situation, most work for the landlords. We definitely plan on filing in small claims unless he responds to our demand letter in the next few days.