Landlord didn't return security deposit in time

[Kevin Cenna]

Hi all,

A friend of mine moved out of their apartment in the San Diego area and moved into another apartment across town.  The landlord was given plenty of prior notice (over 30 days early).  The unit was already in good condition and my friend spent a full day cleaning & then took pictures of the unit prior to move-out.  

They requested the landlord do a walk-through of the unit prior to turning over the keys and was denied.  They then started receiving notice of (IMO) unusual feedback - that the security deposit would not be refunded in full because there was dust on top of the washer - stuff that just doesn't sound legit.  Now, despite several requests to have the deposit returned, they have received neither a refund nor an itemized list of expenses.  Tomorrow will be 22 days from move-out and the landlord has become non-responsive and there is no expectation that the landlord will suddenly become responsive or return the deposit.  

Does anyone have a recommendation for A) how to handle the landlord, or B) legal representation that specializes in tenant's rights?

Thanks in advance!

Kevin

[Account Closed]

@Kevin Cenna Piece of cake!  I know this one inside and out.

The landlord will lose hands-down, because he didn't follow the law regarding the move-out inspection alone, plus he didn't send an itemization/refund within 21 days.  Your friend could have left the place completely trashed and win this case - his FULL deposit back, plus court costs.  Of course, they have to tell him where to send the deposit, so hopefully they've done that.  If not, they need to give him their new address.

If the friend has already requested the deposit back in writing, and the landlord has their new address, that's good enough.  They can then just move to filing in small claims court.  No need to get a lawyer.  I've helped people do this, including my daughter.  The law is very clear, it's an easy win.

If they haven't requested the money back in writing yet, then they just write a simple letter asking for their deposit back:

Dear Landlord,

As you know, we vacated the property located at _______________________ on __________________.  As of today, we have not received our security deposit.  

Under California Civil Code Section 1950.5(f)(1), you had an obligation to give us written notice of our right to an initial inspection. You did not do this.  Further, even though we requested a pre-move-out inspection, and a list of what we must do in order to get our full deposit back, you refused to do so.

Additionally, under California Civil Code Section 1950.5(g)(1) you were to deliver to us our security deposit and/or an itemized list of deductions, including receipts.  You did not do this either.

Because you have violated these laws, you have lost any claim to our security deposit.  Please send the full deposit amount of $______________ to the address below by ________________ (give him maybe a week), or we intend to file an action in small claims court, where we will be asking the court for our full deposit, our court fees and any punitive damages allowed.

Sincerely,

The Tenants

Then, when they go to court, all they have to do is read the letter.  No details are needed other than those.  Simple as pie.  And when they file it, just have them put on the amount they are suing for the total of the deposit "plus court costs and any punitive damages allowed by the court."  Let the judge decide what those would be.  If the judge deems the landlord to have dealt with them in bad faith, they may get double their deposit back (double or triple, I forget).

Here's the full section of the law:

http://leginfo.legislature.ca.gov/faces/codes_disp....