California Security Deposit (Hemet: real estate, 2014, foreclosed)

[mlm77]

I have two issues:

SCENARIO #1:
I moved to Hemet, CA in 02/2010. In May of 2010 I found that the home I rented had been foreclosed. I had a new landlord in 06/2010. I had to repay the security deposit to new landlord and the old owner did not return my security deposit of 1500.00 He said he would but couple of months later he was no where to be found.

I tried calling the Real Estate company who brokered my deal and who I paid my rent to, they told me they had nothing to do with it because their contract was over with the owner once he foreclosed. The RE was very rude and not helpful at all.

I had no way of getting in touch with owner until one day I was looking at homes (one month ago) and he (the owner) was showing it. He told me that he now work for the RE Co who didn't want to help me.

My question here is now that I know where he is, can I still sue (SOL) and if so what is the max?

SCENARIO #2:
Fast forward, I move into another house. 1.5 years later I decided I wanted to find a bigger home. I called the RE Agency who managed property on 03/02/2014 to tell them I was giving 30 day notice. They told me it had to be written, they sent document on 03/05/2014. I signed it 03/06 but they told me I had to date out 30 days although they new I would be off premises by the 1st (new lease shows my move in was 03/01). Security deposit 1500.00

Because of previous incident, I tried to write everything I could think of on my move in form. I noted the place was dirty not dirty that one could move in but floor boards, window seals, cabinets etc. I also told the management company I had to pay for someone to clean the house. They told me that was up to me as our "standards" were different. When I moved in they also had to change carpet which took almost a month because of animal urine. When I moved in I agreed to pay for professional carpet cleaning once I moved out sense they "claimed" they did so prior to me moving in.

Moving to when I moved out. I did not get the carpet cleaned and expected to pay 250-300. I did the "official" move out on 03/06/2014. For which was scheduled and she was late (day I had to work). She was half hour late and said it would take an hour. I waited the half hour, left and came back in 1.15 hours and she was still there. I asked how long she would be and she said another hour or more. I had to leave.

Days went by I had heard nothing about my security deposit. On 03/27/2014 (approx 3:00), I sent email asking what they were doing with my deposit being I had not received in the days mail. They replied asking for my address. I replied asking if they could at least tell me what I was getting back. She sent me an email stating that I would be getting 270! I was shocked and extremely lost. I cleaned place before I left etc. No damage which they admitted to. They charged me for blinds I never had, a standard screen door ($430) that was damaged when I moved in and they new about, they charged me for 15 light bulbs that were not working when I moved in (recessed lighting in rooms that were never used). It was the most ridiculous thing I have heard of. She told me there was no damage but the movers left two 32inch TV's and whatever sweeping, dusting they felt had to do.

On 03/27 she did email me the list of items after I requested it (no intent). I am thinking I should have just waited one more day. She asked for my address on 03/27 after I sent the email. so I would have never received this check within the 21 days. But they had no intent on doing so. When I received the email I immediately 03/27 replied stating that I would not accept the check and I did not agree with the refund, so that they might as well not send. I broke down everything very clearly; item by item. They never replied to email. I sent another on 04/08. They responded 04/09 stating they would make adjustments to the blinds, they never did (wasn't going to accept if that was all they were going to do). 04/14 I sent another email stating they had 3 days to reply, they never did. On 04/21, they send me an email regarding the check they sent out (the one I told them I would not accept) telling me it had been returned to them and did I want them to hold it for pick up. On 4/21/ I replied with extreme confusion. I had corresponded to emails they didn't want to respond to stating that I would not accept the refund. And I asked her why would you hold for pick up when I told you I wouldn't accept it? No response.

05/11 I finally send a Fed Ex letter stating my intent. If she doesn't have a suitable refund in mail by Tuesday I will go to court. Question is where do I stand? I think they are willingly holding my deposit. I have sent many emails and they only choose to write me when they feel but mostly ignore my request. Being that I didn't receive the statement in the mail in the 21 days can I file for full 1500 or because I sent email on the 21st day is that void? They had no intention on sending me anything within the 21 day period. And if that isn't good enough I am hoping a judge will see their tactics and lack of ethics.

This is now twice this has happened to me in 4 years in this area. It now makes me second guess home owners.

[Teckeeee]

Sorry to hear that. I feel your concern I had to put down a hefty SD too for my rental, but my landlord has been good, so far.

I would stop attempting to work something out with them and sue them in small claims. I think it's worth the money to hire a process server/Sheriff to serve them so it's all legit.

The reason I wouldn't attempt contact them again direct is they may realize you are going to sue and are trying to hide your money or skip town.

Good luck.