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Should I go to a Small Claims Court?
Anonymous4 views2 answers
I moved out from a last property and the landlord doesn't want to return my security deposit and ask for an additional $250.
The landlord sent a letter with information, how much money has taken over the cleaning of the house, repairing, etc. What should I do if I don't agree with his decision?
Brad S KaneLandlord / Tenant LawyerLos Angeles, CACA licensed ·
Under Civil Code 1950.5, the landlord may only make deductions from your security deposit for unpaid rent, cleaning and damages beyond normal wear and tear. The landlord is also supposed to return your security deposit within 21 days of termination of the rental agreement and provide an itemized breakdown of any deductions, including receipts for any materials or third party services plus the hours and rates for the landlord's employees used. If the landlord retains your security deposit in bad faith, you can recover treble damages.
If the landlord fails to comply with Civil Code 1950.5, the landlord is required to refund your entire deposit. Granberry v. Islay Investments, 9 Cal.4th 738, 745 (1995). However, the landlord can still sue you for damages to the property and/or unpaid rent.
Ultimately, the landlord fails to refund your deposit, you may have to sue the landlord in small claims.
