Going to small claims court tomorrow.
My landlord returned a portion of my security deposit (1/4 of it) but violated many terms of CA CC 1950.5-- eg. charged for wear & tear, did not provide receipts of services, the itemized receipt was incorrect, did not inform us of our right to a walk through, returned the security deposit by hand (no post mark on the envelope) 44 days after we vacated.
I'm asking for full damages (twice the amount of security) because he acted in bad faith. Do I need to numerically quantify why I'm owed these damages? Or is this enough:
1- violated statute
2- acted in bad faith
3- evidence of attempted fraud because envelope was hand delivered with a pre-dated check
4- cost me time, lost earnings, & I had to take a loan
5-caused me great personal stress
Thanks!
The more detail you have for the basis of your damages, the more likely you are going to be able to recover them. The more documentary/independent support you provide, the stronger your claim will be.
Some of the items you list are most likely not recoverable (lost earning and emotional stress damages for example).
Brad S KaneLandlord / Tenant LawyerLos Angeles, CACA licensed ·
Under Civil Code 1950.5, the landlord is supposed to return your security deposit within 21 days of termination of the rental agreement. The landlord is only permitted to make deductions for unpaid rent, cleaning and repair of damage beyond normal wear and tear. Further, the landlord must 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.
Further, if the landlord fails to comply with Civil Code 1950.5, the landlord is required to refund your entire deposit. Granberry v. Islay Investments (1995) 9 Cal.4th 738, 745. However, in an action to recover the security deposit, the landlord may cross claim for damages to the property and/or unpaid rent.
Finally, the bad faith retention damages are based on whether the landlord acted in good faith in taking deductions from your security deposit. Any personal damages you may have suffered do not help prove your landlord made the deductions from your security deposit in bad faith.
