What can I do if my previous landlord has refused to send back my original rent deposit of $700 after 38 days?
Friday, March 27th, 2009 at
5:40 pm
It has been 38 days since I moved out and I am aware that the california law only allows 21 days for a landlord to return a deposit. That landlord has not responded to my emails, returned my phone calls, or contacting me in anyway. I looking to find out the easiest and cheapest way to get my deposit back.
Please, please help me!
Rent Back
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Tagged with: California Law • Emails • Rent
Filed under: flat rent back
you better hope you have pics of the place before and after b/c he could claim you trashed the place and if you have no proof he can keep your money. if you have proof take him to small claims court
File a claim with your local small claims court.
Guess what? You are going to be eating $700.00, unless of course you want to hire an attorney, which is going to cost you a lot more than your original deposit. The landlord, if pressured, is going to accuse you of wrecking the property and unless you have photos and a signed statement by him or her saying you did not (obtained when you moved out), I can tell you that the landlord will prevail. We have all had to eat a security deposit or two and frankly, trying to get it back will cost you more in the long run. And forget small claims court. The landlord won’t show up and even if you are awarded the money and the case goes in your favor, YOU still have to pursue the landlord to collect it, which is what you are already trying to do! Most people here have no clue as to what they are talking about (something that is very prevalent on Yahoo). Anyway, if the landlord has not responded, I can guarantee he or she NEVER will. Lesson learned. Move on.
If the landlord refuses the only legal way to get it back is to sue in small claims court, but small claim is very easy to do
go to the local court house where the property is located in, ask for a small claim form fill it out, very simple easy to follow, spend the monies to file if you win you get it back
also per CA Law the landlord had to offer a move out inspection failure to do so he will loose in small claims
send a letter demanding your deposit back by certified mail. keep copies of the letter, and the return receipt from the post office. the landlord tenant act in OK says that the landlord must return the deposit withn 30 days of receiving written demand. maybe he isnt opening your emails or considering them to be “written” request…
Contact a legal aid society near you. If they can’t help, they’ll point you in the right direction. Good luck to you!
did you do a move out inspection with him? it is always in your best interest to do a move in and move out inspection with your landlord.
Each state also has a housing resource department, usually in the capitol city, go to the state web site. Most states require that the landlord at least give you a written form of any charges that have been applied to your deposit.
Each state is different for going to court - some will favor the landlord and others the resident, but each state publishes a landlord - tenant handbook.
good luck!!
Within 21 days of vacating the landlord must provide you with a forfeiture and receipts or proof of why any portion of your deposit has not been returned to you if they use it for cleaning and paint.
You will need to first contact your local fair housing office and local RHA (rental housing association). You must then file with small claims and provide proof that the landlord failed to sent out the forfeiture within the designated 21 days.
If you win you are entitled to your deposit and more in damages (about 2x the deposit given at time of move in.)
If you are U.S, write to Federal Housing Administration, Washington, D.C. (if you can find federal addresses in California.)
Rental is not subject to state laws, and an owner or manager is not within the bounds of housing regulation, if witholding money due. Whatever is the management described, it is illegal. Unless you wrecked the place, and in which case, an itemized list of the cost of each debit from the deposit should have been in your hands, there are not any costs that would tally that great an amount to goddam right for next rental.