Land lord not returning deposit after 21 days.

[Michael Perreira]

Hello, I was recently relocated for work and had to use a short term lease (June 10-Dec 10) in Fresno CA. Unfortunately, this limited options and when we found one we put first and last month plus double monthly rate as deposit. In the hustle and bustle of work, travel, and holidays I accidentally paid the last month rent again, forgetting I paid first and last upfront.

The land lord is now saying he will not return my double payment for Nov 10- Dec 10

Land lord says he will come view the property in order to give an accounting “after New Years” which means he’s holding my deposit past 21 days

Land lord also had the place rented and moved in 3 days after we moved out.

He’s pretty threatening to work with and anytime we asked for stove to be fixed (burners never worked) or broken windows and glass to be removed from backyard (still there upon move out) he would tell me that he spoke with his handyman/property manager and that it would be removed. (Never was)

I have a sign off from handyman walk through that says the property was left in as good if not BETTER shape upon exit then move in (same guy did move in).

This guy has been pretty terrible and now has $1,700 from extra payment that he states he won’t return and hasn’t given deposit back.

[Nathan Gesner]

Originally posted by @Michael Perreira:

Hello, I was recently relocated for work and had to use a short term lease (June 10-Dec 10) in Fresno CA. Unfortunately, this limited options and when we found one we put first and last month plus double monthly rate as deposit. In the hustle and bustle of work, travel, and holidays I accidentally paid the last month rent again, forgetting I paid first and last upfront.

The land lord is now saying he will not return my double payment for Nov 10- Dec 10

Land lord says he will come view the property in order to give an accounting “after New Years” which means he’s holding my deposit past 21 days

Land lord also had the place rented and moved in 3 days after we moved out.

He’s pretty threatening to work with and anytime we asked for stove to be fixed (burners never worked) or broken windows and glass to be removed from backyard (still there upon move out) he would tell me that he spoke with his handyman/property manager and that it would be removed. (Never was)

I have a sign off from handyman walk through that says the property was left in as good if not BETTER shape upon exit then move in (same guy did move in).

This guy has been pretty terrible and now has $1,700 from extra payment that he states he won’t return and hasn’t given deposit back.

In California the penalty for failing to return the deposit is up to 2x the deposit amount. If you took him to court, he would have to return the unpaid rent, the deposit, and up to 2x the deposit on top of that. Maybe even court filing fees.

Personally, I would send the Landlord a letter via certified mail. Cite THE CODE and demand a full return of your funds within 48 hours in the form of a money order or cashiers check (no risk of bouncing). Let him know that if he fails to comply, you will take him to court for violation of the code and illegally retaining funds, and that you intend to ask for the full penalty as well as court costs.

This would work better coming from an attorney but probably isn't necessary.