Landlord steals security deposit

besty

Has anybody got any success stories about recovering this sort of debt?

Does anyone know of any companies that would buy the debt?

I have already contacted an attorney so am familiar with the legal/court route - I'm interested in alternatives.

Until official legal action is filed in court, I am assuming (read: assuming!! ) in Cali that you can still inform your landlord that you have retained counsel, and to avoid litigation, you will require the deposit back as agreed.

Once a suit is filed, typically the lawyer does all the communications.

Sorry you are dealing with an A hole landlord.

sammielee24

Small claims court is the only way that I can think of. We've been lucky..we did our walk through with the landlord to ensure there were no issues, reminded them of the 20 day legal limit and anything that required attention would be written down. I also took pictures of the rental prior to leaving just as a back up. I got all my deposits back and well within the time frame with references - the California courts are backlogged these days and as far as I know, the only and last recourse is small claims. sammieswife.

Farkel

Last time I checked, the law in California (where I've lived most of my life) states if a landlord does not refund a security deposit within (I believe) about 3 weeks, the landlord is liable for damages PLUS the amount due. I think it was something like treble the amount due. At any rate, the landlord has a very small window in which to account for legitimate repairs and expenses used from the security deposit and to refund the balance.

Check up on that law before you go to small claims court, so you'll know how much you can sue for.

Farkel

JeffT

What Farkel said. I've worked as an accountant in muti-family housing for the about 25 years. Don't know California, but here in Washington BY LAW if the landlord does not either give the money or an accounting of what he spent it on within twenty days of vacating the unit he must give the deposit plus triple damages. The "by law' means that he has no effective defense. If he can't prove that he gave you the money or an accounting its a done deal. Again I don't know Cali, but up here the judges hate landlords in these cases. If you go to small claims court here, what the judge sees is a greedy landlord screwing the tenant, unless the landlord has a canceled check or a certified mail receipt in his hand; he's out some money.

Farkel

JeffT,

:Again I don't know Cali, but up here the judges hate landlords in these cases.

In California, merely BEING a landlord is a capital offense!

Farkel

AllTimeJeff

In California, merely BEING a landlord is a capital offense!

I think this calls for Zorro. If the movie is correct, he shouldn't be too far away Besty...

Farkel

besty,

The important thing to remember is that in California there is NO such thing as a "non-refundable" deposit. I believe even the term "security deposit" has no force in law in California. ALL deposits for renters are refundable, except for documented damage or unpaid rent for the property.

In Washington State there are (or were as of 1995) "non-refundable" deposits, both security and cleaning. Each state/community has their own laws, but California is probably the state that ranks highest in laws favoring tenants over landlords in disputes.

They don't call this "The People's Republic of California" for no reason, you know!

Farkel

besty

thanks all - like I said I'm aware of the legal recourse which I will summarise:

the landlord has upto 21 days to return the deposit

in that time if they are not going to return the full deposit they must provide written proof of the amount spent to make the property good, which cannot include fair wear and tear repairs

if they do not return the deposit within 21 days they will almost certainly be granted judgement against, and upto 2X damages.

in this case the deposit amount is beyond the jurisdiction of the small claims court

An initial lawyers letter and subsequent suit filing will cost between $2.5 and $5k (depending on the amount of fire returned) and take between 3 months and a year. The more assets the landlord has the more fight they will put up. If they have assets pre-trial settlement (after a fight) is more likely. if they have no assets they probably won't fight and judgement is easier but.....

Once judgement is granted RECOVERY then becomes the problem. Pinning a recovery against an asset and collecting on that is more time and money.

So.....any alternatives eg selling the debt to a collection firm - I would be interested in options at this stage...

Farkel

:in this case the deposit amount is beyond the jurisdiction of the small claims court

Last time I checked small claims courts can deal with tort issues up to $5,000. You must have had a huge deposit, then.

Farkel

Landlord steals security deposit

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