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Updated over 2 years ago, 03/25/2022
Need Help and Advice on Bad Landlord Security Deposit Issue
Hello Everyone,
To add some preface context, I'm a landlord and in California. However, I always just follow the rules, so I'm not too familiar as what to do as I do not try to walk the line. So I guess this will be a good learning experience to me as well.
I have a friend who moved out of a place and is expected to get a refund on the security deposit. In CA, the landlord is supposed to refund the security deposit within 21 days and at least make some efforts if there are changes in situations. It has been 3 months, and she has not received her security deposit. When she contacted the landlord, the landlord said, "I sent it, but got it returned." My friend provided them with the correct forwarding address, and the landlord just input it incorrectly, then did nothing once it was returned.
Legally, she would have a pretty good chance to go to court and win with her refund plus more as this situation put her in financial, and emotional, distress.
Goal in this order:
1. Get the most back. Refund plus interest, settled quickly out of court.
2. Get refund back ASAP, out of court.
3. Go to small claims to win max amount.
So what is the best path to go? Would writing a demand letter for more hurt her chance if the bad landlord plays hardball and let it go to court?
Although some people might think it's weird that a landlord is asking how to help a tenant. I am against bad ("professional") tenants, this is pretty obvious why. And I am against bad landlords, as it gives us regular "mom and pop" landlords a bad reputation to lump us in all together, I also think this landlord was an apartment complex.