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40 days since I moved out of my rental property but no security deposit. What can I sue for?
Anonymous3 views3 answers
It has been around 40 days since my lease contract ended and my landlord and property manager continuously postpones in sending my security deposit. I have contacted them numerous time via email and they failed to send it every time they said they would. I am thinking of taking them to small claims court. What kind of claims can I make? How should I prepare?
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.
You are entitled to your full deposit back based on what you provided.
You can file a small claims lawsuit or have an attorney write a demand letter to the landlord.
By Statute, you could get as much as two times your deposit PLUS damages if you can prove bad faith. More cost effective however would be contacting an attorney to get it back for you. Small claims is a waste of time.
