Should I sue my old apartments for the balance of my security deposit?

Question

I live in California and it's my understanding that landlords have 21 days from the date a tenant moves out to either refund their security deposit or to provide an invoice explaining what was deducted and for what purpose. If not, the entire security deposit is supposed to be refunded, with no deductions allowed. My move-out date from the apartment I was living in was August 2nd, which means I should have received something by August 23rd. I called yesterday (the 25th) to warn the company that if I did not soon get the refund or an invoice in the mail that was postmarked by the 23rd that I would take them to small claims court. Of course, they mailed it yesterday and I received it today, and it was hardly any refund at all. I would let it go, except that they treated me like I am stupid and also because I kept my apartment very clean, so I don't feel they had any justification for taking out as much as they did. However, if the judge rules in my favor, is there any way I have to make sure the company actually pays me? Also, can I add on court costs and wages lost from having to miss work to go to court? I have 10 paid sick and personal days at work, so I won't actually lose any money but it will be a day lost that I could have used for something else. Also, is there any chance the judge will rule in their favor?

Answer 1

I'm in Alberta, Canada where I have had trouble getting back my damage deposit three times.  I got everything back, so I never had to sue, but I have sued someone in another matter in small claims court.  The Landlord & Tenancy Act of Alberta was about 30 pages long, so I suggest you should read all of California's similar laws on apartments1st.

My city, Edmonton, Alberta, Canada, has the Landlord & Tenant Advisory Board to give free advice.  I hope you have a similar service where you are.

Picket the apartment building with a sign that says "I want my damage deposit back."  (I've done this.  Poster board is only $3 at a drug store.)  Bring a good book because it should be time consuming, but it should work when you see apartment hunters zigzagging all over, avoiding your bad landlord's building.

Make sure suing is a last resort.  I can tell you it is time consuming, and I don't think you will get paid for your time.  I recommend that you go watch some civil court cases before suing anyone.  I watched a civil court case over a $350 damage deposit in small claims court.  The plaintiff won, but the judge didn't allow her to claim the $3500 her lawyer had cost her because he thought she didn't need a lawyer for small claims court, so she was awarded her damage deposit and her filing costs, that's it.  The landlady, an old grandmotherly woman was called sadistic by the judge for dragging the court case on with irrelevant testimony, charging for normal wear & tear and for re-steam cleaning the carpets because she didn't like the company the tenant hired.  There was bad blood, so act like a lawyer to try to keep your cool by no swearing or personal insulting.

This is why lawyers irk me.  How was that tenant well served spending $3500 on legal help, just for a judgment for a $350 damage deposit.  Lawyers should provide cheaper legal assistants to handle such simple cases involving nothing more complicated than stains on a wall.

To help other renters, you are going to have to identify who is doing this to you on consumer complaint sites like http://www.ripoffreport.com/ or http://www.complaints.com , which both feature consumer complaints in a bar room type of format.

Ripoff Report's FAQ says "Reports can only be updated and not removed," meaning no more consumers being bribed or intimidated into silence. So, if you want to post online, stick to the facts if you don't want to get sued for libel.

Answer 2

1. Do you have documentation of the condition of the unit when you left?

2. That said: did the landlord under CA law submit to a walk through before move out in order to allow you to cure any defects?

3, It’s the judges desecration but the judge could find as a remedy the landlord is prohibited from ducting the things they did because the failed to send the itemized accounting within the state statute

4. If you feel you have a case then sue in small claims

Answer 3

Heres a link to CA law

http://www.dca.ca.gov/publications/landl...

Answer 4

First of all, of course take them to court.  Sounds like tenant abuse, judge will absolutely rule in the tenant's favor.

"However, if the judge rules in my favor, is there any way I have to make sure the company actually pays me?"

If they don't, sue them again.

"Also, can I add on court costs and wages lost from having to miss work to go to court? I have 10 paid sick and personal days at work, so I won't actually lose any money but it will be a day lost that I could have used for something else."

Ask your lawyer.  You should be able to add on court fees since they should have given you back your deposit and have since refused, now they prompted your action to take them to court.  I'm not sure about the sick days, though.  My bet is you won't be able to recover them--if you let everyone know, of course.  Don't let them, tell your lawyer the story, and ask him about that.

"Also, is there any chance the judge will rule in their favor?"

VERY slim chance.  It's pretty clear who's right in this situation.  Law and judges also tend to favor the tenant far more than the landlord.