Security Deposit

State: CA

Issue: We moved out of our rental approximately 45 days ago. We have received nothing from our landlord (no $$, no letter). He has our forwarding address. I know that this will probably handled in Small Claims because of the amount of $$ involved.

My question is this: I have heard that I can sue for a higher amount than just the security deposit. How do I determine how much I should sue for?

Thank you.

You failed to state what you were renting, e.g., commercial rental, apartment, house, mobile home, standard home, or floating home.

You also failed to state the dates of your tenancy, including your move-out date.

You also failed to state whether you were on a fixed lease, or a month-to-month tenancy.

You also failed to state the reason why you moved out.

Being that I have assisted many of my clients in sucessfully suing their landlords re security deposits I will take this one.

Assuming that your "rental" falls under the chapter of the California Civil Code starting at 1940 and assuming that you did not receive any documents listed under C.C. 1950.5(g):

Your landlord has 21 days (again read this section to see if your type of rental agreement applies) after you "vacate the premises" to send you by first class mail (or by personal delivery) a copy of an itemized statement regarding deductions including copies of documents showing charges for labor and materials. Also see Landlord Exemptions can be found C.C. 1950.5(g)(4)(A-B).

If this was not done you can sue for 2 times the amount of the security deposit plus actual damages (the amount of the security deposit) for what C.C. calls "bad faith retention". C.C. 1950.5(l). Of course it will be up to the judge to award any amount but I always advise my clients to sue for the maximum....(3x the amount of the security deposit). I have seen judges in several CA counties award the maximum allowed under 1950.5.

Also here in CA small claims court provides an advisory that is free. Each county has one. They can help you fill out the paperwork and will give you the same advice re 1950.5. They can also help you with collection options as sometimes that is the most difficult step in the small claims process.

Good luck!

bigbobz.

You may want to also read this article: http://www.legalmatch.com/law-librar...alifornia.html


Here is the link to the Code Sections Juris is talking about:

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=00565524801+0+0+0&WAISaction=re trieve