If my landlord did not provide me with an itemized statement or return my deposit within 21 days, is smalls claims court my best option?

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If my landlord did not provide me with an itemized statement or return my deposit within 21 days, is smalls claims court my best option?

There were $750 in illegal deductions removed from my security deposit and the remaining balance has yet to be received. My move out date was February 1st and I received an itemized statement on March 6th; 16 days longer than stte law allows and 16 days longer than what is written in my lease agreement. What amount am I legally capable of suing her for and do I have good chance of winning?

Asked on May 2, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First, there is no way to tell in this forum your chances of winning.  Yes, it is true that the landlord violated state law and your lease by going beyond the 21 days.  But you do not state here what the deductions were for so adjudging them "illegal" is very difficult. You also have some responsibilities under the law as to address and asking for the funds.  Here is a list of agencies that can help.  If they can not then small claims is your best bet.  Good luck.

http://www.dca.ca.gov/publications/landlordbook/appendix3.shtml 


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