Security deposit--if paid after 21 days, can i still get damages? (rent, lawyers)

[sub8]

My landlord paid my security deposit back to me 5 months after I moved out only after I threatened small claims in a letter. She sent a check with an itemized list but with no receipts. I don't believe it. Can I still sue for the damages even though she eventually paid (it really DID hurt that I didn't have the deposit back)? Or do I have to go through another 5-month process to get the receipts?

[ferretkona]

I understand they only have 30 days to hold your money. Darn right you want to see receipts.
You may want to involve the city, but do you feel the settlement was correct?

I would think the landlord would be liable for interest on your money.

[CESpeed]

Go ahead with your suit. After 30 days, you are entitled to interest and penalties (it might be triple, check the law). You are absolutley entitled to receipts to prove damages.

[lovelasomuch]

In the state of California if the landlord does NOT return your deposit within 21 days they forfeit their right to withhold any of your deposit.
I'm in the process of taking legal action against my former landlord.
This website is a fantastic source of information:
[url=http://www.caltenantlaw.com/]California Tenant Law - Free legal advice for California renters[/url]

[jschek]

Originally Posted by sub8

My landlord paid my security deposit back to me 5 months after I moved out only after I threatened small claims in a letter. She sent a check with an itemized list but with no receipts. I don't believe it. Can I still sue for the damages even though she eventually paid (it really DID hurt that I didn't have the deposit back)? Or do I have to go through another 5-month process to get the receipts?

Your landlord must provide a full, itemized list and return any remainder (or the full thing) within 21 days. The itemized list must include all deposits you paid, all amounts deducted, and the amount remaining. He does not have to provide you with receipts if the total deductions are $125 or less. She still has to tell you what they are for (patching hoel in wall, etc). CC 1950.5.

If he does not provide you with the full itemized receipt and a refund of anything unused within 21 days, she waives her right to deduct-and-retain anything from your security deposit. The courts clarified this in Granberry v. Islay Investments. You may still be liable for any damages or unpaid rent the landlord claims you owe her. She simply cannot recover that through your security deposit.

If your landlord already returned your security deposit to you in full, you can try to sue him for damages. However, you would have to be able to prove "bad faith" on the part of the landlord to get any damages, which is limited to 2x your deposit (for a total of 3x your deposit).

If the landlord has kept part of your deposit, you can sue her to get that part back. But if you cannot prove that the deductions are improper (i.e. you didn't cause the damage), she can file a cross-complaint and sue you for those damages. The court could then award you the security deposit, and then deduct her charges from the judgement.

If you want to get any damages, you have to prove "bad faith" on the part of the landlord. I don't know how easy that is. I would recommend talking to the small claims advisor at your local courthouse and ask them for advice. They cannot give legally binding advice, but they can help you through this process and tell you what info/evidence you might need to bring.

So that all said, what is "bad faith"? Good question... even the lawyers I've talked to can't give me a straight answer for that one.