What counts as a written statement for a 21-day letter?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What counts as a written statement for a 21-day letter?
I got a letter from my property management when I moved out that just said “sorry but we have not been able to return your deposit due to the nature of the house, but will get back to you soon.” Also, is there a timeframe after they send that letter that they have to give the money back by? They sent the letter about 40 days ago and I haven’t heard from them since.
Asked on August 7, 2012 under Real Estate Law, California
Answers:
Cameron Norris, Esq. / Law Office of Gary W. Norris
Answered 11 years ago | Contributor
They have to give you an accounting of the deposit within 21 days of moving out. Read CCP Section 1950.5. That same code section grants a great remedy to renters: actual damages + statutory damages equal to twice the deposit amount. So, you could get damages equal to three times the deposit. Sue them in small claims court alleging breach of contract, replevin, and bad faith retention of lease deposit. Cite the statutory damages in 1950.5. The self-help window at the courthouse can help you out.
Best of luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.