Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
When you send the demand letter, you can add an exact quote of the CA law that states the 21 day rule.
Then state the date you want the money returned, and the amt you want returned, else you will take further legal action.
Make sure to include the quote of the law ...the part about double sec deposit if landlord doesn't comply.
In the demand letter, state the date you moved out and state the date you received the original returned check/letter from the landlord. State that this was beyond the 21 day rule and you are due the entire deposit. Also state the the letter from landlord didn't meet state rules about receipts, etc.
BTW...I was a renter and the landlord didn't didn't my security deposit letter on time...landlord didn't bother to send the letter at all and decided to keep the full deposit even though there were no damages.
Before filing a small claims suit my local court said I had to send a demand letter first. I needed to provide proof of sending it via certified mail. They even had a nice template for demand letter. I sent it and the landlord returned the full security deposit just before the end date on the demand letter.
No it is not sufficient. You need to send the demand certified mail, return receipt requested. Make your demand, give him a time frame such as 10 days, simple and to the point. Full address to reach you.
Even if he responded, I do not think that courts will accept a printed out email. Too easily altered.
This is false. Where did you come up this? This requirement does not exist in California statutes. The landlord only needs to be served for the lawsuit to proceed.
The advantage of sending a letter such as this is for ammunition that the landlord acted in "bad faith" and has to pay double. This is not a requirement however.
This is false. Where did you come up this? This requirement does not exist in California statutes. The landlord only needs to be served for the lawsuit to proceed.
The advantage of sending a letter such as this is for ammunition that the landlord acted in "bad faith" and has to pay double. This is not a requirement however.
I did read somewhere that you do need to at least ask for your money back before filing suit. It's a question on the small claims form too.
I did read somewhere that you do need to at least ask for your money back before filing suit. It's a question on the small claims form too.
An added benefit of the demand letter, it might get you all your money back without the hassle of filing a court case.
Don't ask for your money back..Google demand letters for how to word. Don't say "request" in your wording. Make it stronger. Say you are due $xxxx. He must send it to you at xxxx address by x date or legal action will be taken. Be firm.
This is false. Where did you come up this? This requirement does not exist in California statutes. The landlord only needs to be served for the lawsuit to proceed.
The advantage of sending a letter such as this is for ammunition that the landlord acted in "bad faith" and has to pay double. This is not a requirement however.
I came up with it partly from the link below, and partly because I have prepared and served literally thousands of small claims actions. the other part is pretty much common sense.
Small claims cases require that you ask the other side for payment before you go to court (unless there is a good reason why you cannot). You can ask in person, by phone, or in writing. You will have to tell the court you did this and how on your court form.
If you decide to ask for payment in writing, you can use a demand letter. A demand letter is a short, clear letter demanding payment. Bring a copy of it to your court hearing to show the judge. You can also attach it to your court papers.
Often, a demand letter will be all you need to resolve your dispute. Even if the person or business that owes you money knows about the problem, a firm and strong request in a letter that lays out the reasons why they owe you money and says that if your issue is not satisfied you plan to go to small claims court can have a big effect. They realize you are serious about the case and intend to spend time and energy pursuing it. Sometimes when you have a problem with a business, a demand letter can bring the problem to the attention of the owner who may not have known about your dispute because the manager never told him or her.
HELP WRITING A DEMAND LETTER
There are different types of demand letters.
If you want help writing one, click on the link that deals with the type of dispute you have to get to a computer program that can help you or a sample letter you can use as a guide:
Demand Letter to the Person or Business Asking for Money
Demand letter to Your Landlord Asking for the Return of Your Security Deposit
A landlord has 3 weeks after you move out to return your security deposit or send an itemized invoice for any amount withheld for damages.
Use this program ONLY if you do not receive your security deposit (or an itemized invoice for any amount withheld for damages) within 3 weeks after you move out.
If you received part of your security deposit and feel that your landlord should have returned more money, DO NOT use this program. INSTEAD, use the Write a Demand Letter program to write your letter.
I've helped several friends and children of friends in similar situations... although the deposit amounts were only hundreds of dollars to as much as $1500.
All received their full deposits back without having to go to court.
Some did have to file a case in Small Claims to get the money back... just never went before a Judge.
Some had the court serve the notice and others used process servers... all made the Landlord aware of California Law and suggested the owner contact legal council if they didn't not understand the law.
In one case, I was the process server and the new owner was very flippant and said if the tenant had a problem... they could sue. So I reached into my coat pocket and said you have been served... while I waited, they called their lawyer who advised cutting a check and I left with a check for the full amount...
I like to resolve Security Deposits as quickly as possible... had a move out last week... 3 college students all graduating... home was in good condition... did a pre move and told them exactly what they needed to do to get the deposit back and they did it... everything was clean, receipt for carpet cleaning and nothing left behind... made out a check to all three jointly, they endorsed it and I exchanged it for cash... one was headed home to New York, another was going overseas and another was starting a paid internship in another city...
I was pleased and they were very pleased... already have a referral for another unit for a sister of one of the students...
I've helped several friends and children of friends in similar situations... although the deposit amounts were only hundreds of dollars to as much as $1500.
.
Ultrarunner, I am a new member, and would like to ask some advise if it would be possible. You appear to have quite a bit of knowledge when it comes to security deposits. How may I reach out to you.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
