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- Landlord's nephew lives locally so he dealt with most of our tenancy (picking up rent checks, showing us the house, etc.) We are on good terms with him. He looked around the house and said casually that it looked great and just to fill in the little nail holes from hanging pictures, which we did, and that we would only have to pay a standard cleaning fee of around $160
- Security deposit doesn't come for weeks, despite numerous inquiries. We finally talk to the landlord personally who admits that he does not have the deposit to refund to us, and will send it when his other tenants pay rent on the 1st.
- We receive a check on the 2nd (30 days after we move out), dated 3/1/11 with over $600 taken out with no invoices, just a dubious breakdown of charges
-I send a letter to the landlord addressing the overcharge and the fact that they violated the Civil Code which states that they only have 21 days to refund our deposit and to return the remainder or we will take them to small claims
- The nephew tells us that the landlord and his wife deny that they only have 21 days to return the deposit, and actually that we owe them money for a gas bill (which is not true because our lease states that they are to pay all utilities).
1. Do we have a case?
2. Is there anything additional I should consider to help our case?
3. If we sue, should we sue for the full deposit, plus 2x damages? The law says that we may be entitled to a judgement up to this amount.
1. Do we have a case?
2. Is there anything additional I should consider to help our case?
3. If we sue, should we sue for the full deposit, plus 2x damages? The law says that we may be entitled to a judgement up to this amount.
Thank you!
1. Yes
2. Any pictures you of of the rental before and after the move out, plus the lease where the landlord agrees to pay for utilities. If you have a signed statement from the nephew at move out the case is very strong.
3. If the law allows for an award of 2x plus damages sue for that amount. Even if you only want your security deposit back, this will give you leverage to get the full amount plus court costs once the LL realizes he will lose. Also do not accept the $160 cleaning charge, if you left the place clean sue for your entire deposit regardless of whether this charge was in the lease or not.
Go file a case....you have major grounds to win this case.
People like this make LL look bad and just as I want LL to sue bad tenants, it also means the other way around.
The judge will throw this LL to the curb just for not having the security deposit in a separate account.
- You should mention that in your complain to the court....
- Not giving you a specified statement is # 2
- Not sending you a certified letter with the remainder of the money is # 3
- So you have at least 3 points that a enough to win. If you are in a State that allows you to collect double or triple security deposit than you have some extra money...+ interest and court costs back.
Your case is dependent on which state had the rental. I am going to assume California because some of the numbers you used are California numbers and it is the only state I know.
There is no such thing as a standard cleaning fee. Everything the landlord keeps has to be accounted for. The landlord can do the cleaning and other work himself as long as he charges a fair labor rate for his time but he has to account for the expense listing hours worked, supplies needed etc.
If you do not receive the security deposit within 21 days, you are entitled to twice the deposit.
I agree with bentlebee that this is a bad landlord and he deserves what is coming to him. If the court hears that he delayed repayment to you until other rent money came in, the judge will very likely not make it pleasant for him. In California, the landlord is not required to keep the security in a separate account but it does need to be repaid on time.
California doesn't require a separate account. Nor do they require paying interest on deposits. Some communities within California do require one or both of those but it isn't a state regulation.
Thanks for all of the comprehensive responses! I've never sued anyone before and wanted to run the idea by some unbiased people for validation that I have grounds to do so. It definitely looks like I do
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