I recently moved out of a rental unit that I had lived in for 11 months. I did recieve back what wasn't used from the deposit with an itemized list of deductions, which were excesive. However, on the last month that I lived at that unit the landlord was overpaid and did not return the over payment to me (roughly $187.00). I wrote him a letter to remind him that he was over paid and ask for an overpayment check to be mailed to me at my new address. I received a nastey letter back stating that he was not going to return any "deposit" money back to me. He also stated that I had "no rights" to the money. I don't understand how that can be true. I gave a 30day written notice and was out on that day, he is keeping money that was for rent when I was no longer residing in his rental.
A thoroughly accurate answer depends significantly as to what state the property is in [and I realize you are in CA]. With that said, however, Georgia law requires most residential landlords (there are exceptions for those who own only a few units) to do a number of things both upon move-in and move-out, the failure to do any of which may [and usually will] result in the landlord's obligation to return the Security Deposit, among other ramifications. Below I have included an excerpt from a recent letter I sent to a landlord on behalf of a client, which I think summarizes pretty well most of the more important issues.
[LETTER EXCERPT START] "In addition, I would like to know if [Client] was presented with the requisite "move-in" list which, prior to the tendering of the Security Deposit - a term, it is significant to note, that includes advance rental payments - the landlord is obligated to provide to all tenants for their permanent retention. Said list must include a comprehensive list of any existing damage to the premises. See O.C.G.A. § 44-7-33. That Code Section additionally provides that the "tenant shall have the right to inspect the premises to ascertain the accuracy of the list prior to taking occupancy" and that the landlord and the tenant shall sign the list. Id.
And the same is true with regard to the holding of the Security Deposit, which is required by law to be deposited in an escrow account maintained exclusively for that purpose and is to be held in trust for the tenant. Further, "tenants shall be informed in writing of the location and account number of the escrow account required by this Code section". See O.C.G.A. §§ 44-7-30 and 44-7-31. Further, a landlord is legally obligated to return the full Security Deposit to a tenant within one month after the termination of the lease. See O.C.G.A. § 44-7-34. And "no security deposit shall be retained to cover ordinary wear and tear…" Id.
Significantly, if a landlord fails to properly and timely execute and provide to the tenant either the initial and or final damage list(s) or the itemized damage statement(s) or fails to place the Security Deposit(s) in an escrow account as referenced above, she must return the entire deposit(s) [including advance rental payments]. Moreover, if each of the required lists and statements are not timely provided, a landlord forfeits not only the right to retain any part of the Deposit(s), but is also estopped from bringing suit against the tenant for damages to the premises. See O.C.G.A. § 44-7-35.
And perhaps the most important consideration for you to keep in mind is that "[A]ny landlord who fails to return any part of a security deposit which is required to be returned to a tenant pursuant to this article shall be liable to the tenant in the amount of three times the sum improperly withheld plus reasonable attorney's fees…" Id. [END OF LETTER EXCERPT]
Hope this helps,
Auden L. Grumet, Esq.
The Law Office of Auden L. Grumet, LLC
[Of course the foregoing is offered informally and is not intended to be official legal advice and should not be relied upon as such. To be sure, I would definitely recommend that you contact a local California attorney who can better advise you of the idiosyncrasies of state law, etc.]
As a quick follow-up to my previous response, it is also important to note the "Voluntary Payment Doctrine" [which again, like the vast majority of legal issues, is state law dependent], which generally holds that payments made by "mistake" [it gets very tricky and convoluted when you must distinguish between mistakes of law, fact, etc.] are not recoverable. And as with virtually any statute or legal principle, there are plenty of exceptions, and often the exceptions to a rule overshadow it.
It is also worth pointing out - assuming, for example, you were actually seeking legal services from an attorney (and not just seeking informal input online at no charge) - that the billable time and hence cost of my answering this question would already equate to almost the entire underlying amount in dispute!
ALG
