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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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
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.