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When we moved out, my movers ripped a piece of linoleum in the kitchen, which I was aware that I had to fix. I asked the landlord to get a quote for me (which she should have) and then I would see if I could find something better, which she agreed.
She never got back to me, and then despite calls, etc, she never got back to me nor returned ANY phone calls from me asking about the security deposit.
I finally filed a small claims suit since it is about to be 1 year. I called her and left a message saying I was filing a suit for double security deposit + my legal and court fees. I told her that if she would pay us before the court date I would take the security deposit + legal fees.
She called me back for the first time in 11 months saying that the repairs had been $1,500, and that she would take that amount and mail me the security deposit.
My question is this . . . in California, if landlords don't give back the security deposit within 21 days, doesn't she lose the right to take out ANYTHING from the security deposit? Especially, since it has been 11 months and she has been ignoring all requests from me?
She can NOT keep any money, no matter how bad you wreaked the houes, if it isn't takend care of in 21 days. She can't wait a year and then charge you. There are laws covering such things. You state may be different, so check your local rental rules, but no state allows holding a deposit for that long. Some states you may be able to hold it for as much as 30 days, nothing longer or she loses... She has to either return the oney in 21 days or less,or provide you with a bill for damages within that time..
Go get her....
One word of caution... did you leave a forwarding address with the post office and/or provide your former LL with your new address.
More than once I witnessed cases where the LL sent an itemized Security Deposit Statement along with balance due to the last known address only to have it returned due to no forwarding address.
My question is this . . . in California, if landlords don't give back the security deposit within 21 days, doesn't she lose the right to take out ANYTHING from the security deposit? Especially, since it has been 11 months and she has been ignoring all requests from me?
No, as long as you left a forwarding address, she has 21 days to send you an itemized list of your deposit and any deductions for damages.
If she fails to do so, then she loses all defenses. She cannot keep the $1500, and has to return your full security deposit (plus any other statutory damages, which might include double or treble damages and legal fees).
OP states he called her numerous time over the course of time, that would seem to eliminate any mix up with current address....
Just trying to cover all the basis... strange things happen.
The LL may claim a statement of charges equal to or exceeding the tenants security deposit was mailed to the tenants last known address within the 21 days required by statute.
The tenant making numerous calls asking for money or disagreeing with the amount withheld would be a separate issue. Always better to have a paper trail instead of phone calls in case of dispute.
I successfully avoid these security deposit issues by making an effort to return remaining security deposit balances at move out. If move out falls on a weekend and I know the tenant is financially strapped I will often exchange the endorsed check for cash on the spot... I find it avoids potential problems and everyone generally leaves on a good note.
Your title made me laugh. My first thought was "If you are 11 months late on rent, why the **** haven't you been evicted already? And you're surprised you didn't get your deposit back???"
Then I read the actual post. Consult an attorney to find out the laws in your area, but my guess is that zman0 is right. In most places, if the LL fails to return deposit or statement of withholds in a timely manner (21 or 30 days, depending on what state you are in), they forfeit rights to it, and subject themselves to the risk of being charged up to triple the original amount, plus legal fees.
my tenant moved out after the first of the month she call me on the fifth a saturday night at 7:00 p m i talk to her tonight at 7:30 P.M. and she told me she didnt know if lights where on she cancell on the third of the month its a weekend i and now shes calling me and yelling me that the lights are on i will like to know if there its anything to protect me its a weeckend and she is very snatting and problematic what are my options
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