Santa Monica Security Deposit-past 21 days now (Irvine, Fortuna: renters, attorney, house)

[1newyorkguy]

I moved out of a guest house the end of last month, still haven't received my deposit. I finally get a call from her yesterday saying there is some new damage she found--she claims there's a burn in the floor caused by my air filter/fan..which is impossible.

"According to the Santa Monica website:
What if the landlord doesn't provide a full refund, or a statement of deductions and a refund of amounts not deducted, by the end of the 21-day period as required by law? According to a California Supreme Court decision, the landlord loses the right to keep any of the security deposit and must return the entire deposit to you.248 Even so, it may be difficult for you to get your entire deposit back from the landlord."

Should I seek to get the entire deposit back now as is due to me via the law? She obviously will fight that.

[Flyer911]

Tell her to provide proof. I ran into a somewhat similar issue at a corporate rental in Irvine. They said we had torn on of their bed spreads. Upon charging me, I asked them for pictures of the damage and since I was paying for a replacement, I asked that they send me the old one. They refunded my money in two days.

[1newyorkguy]

Besides that point, the law states after 21 days I am due the entire deposit either way. How hard is it to go through the process of collecting?

[SandyCo]

These kinds of disputes usually end up in small claims court if they can't be resolved. Of course, then you have to go through the hassle of filing a claim, etc.

[Troof]

Search my previous posts for a link to the California Renters Handbook -- It will cite the specific civil codes that you can quote in your communications with this landlord.

Knowledge is power, and her knowing that you are cognisant of your legal rights may cause her to get her act together. As far as small claims go, if she continues to withhold your deposit, she is in clear violation of the law, so make sure you document and retain all communications with her, as it will help in any potential dispute.

[Lovehound]

As far as small claims court goes, the first step in the procedure is to present a written demand to the other party. Research Troof's civil codes and write up a demand letter, then send it via registered mail with signature required. That's sort of a "shot across the bow" to show the landlord that you're serious about getting your money back.

[Troof]

Some leads for you:

Entire handbook here:
http://www.dca.ca.gov/publications/l...k/catenant.pdf

A bit regarding your particular situation:
California Tenants - California Department of Consumer Affairs

[1newyorkguy]

Thanks guys. She was a terrible landlady, kept the yard I lived in a mess and refused to deal with rats or a broken oven. She has handled the deposit with the same carelessness and hopefully will be taught a lesson.

[Troof]

Originally Posted by 1newyorkguy

Thanks guys. She was a terrible landlady, kept the yard I lived in a mess and refused to deal with rats or a broken oven. She has handled the deposit with the same carelessness and hopefully will be taught a lesson.

Hit her up with the document trail as suggested here (registered mail, etc) along with specifying the particular codes she is violating and hopefully, you'll get your money. Just make sure to use non-emotional context in your documented discussion.

In the event she does not comply, this document trail will be invaluable in small claims, as judges don't tend to like shady landlords from everything I've read. Fortunately, I've never had to take one to small claims because I quote all the civil codes (in a non-threatening, tactful manner) casually in certain communications, so I think it gives off the idea that they would be best not fawking with me

Best of luck, and please keep the thread updated, as it may prove to be a helpful resource for someone in a similar predicament at some point.

[smokingGun]

Some landlords are sooooo stupid. Going to court will cost her more in attorney fees than the deposit! I hope you get punitive damages for all this aggravation.