total suit would be up to $75k - work it out :-)
like I say I'm well-appraised of the legal situation having consulted a specialist attorney
the decision at this point is to keep throwing money at it, or sell the debt, write it off etc....
Landlord steals security deposit
by besty 54 Replies latest jw friends
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hopelesslystained
Besty, speaking as a landlord in CA, what proof do you have that the landlord should not keep all or a portion of the security deposit? Typically a voluntary walkthrough to assess damage vs wear and tear before your exit is offered and may be refused by yourself. Did you do that?
If a Landlord/Tenant checklist and pictorial record prior to your move-in can be supplied by your landlord, things should be straight and acceptable.
Did you do a Landlord/Tenant checlist of the condition prior to move-in or shortly before move-out? Do you have any sort of written or pictorial records?
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MissingLink
Is it about claimed damage to the property or breaking the contract by moving out early?
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Farkel
Are you now or have you ever been a member of the Communist Party?
Farkel
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besty
Besty, speaking as a landlord in CA, what proof do you have that the landlord should not keep all or a portion of the security deposit? Typically a voluntary walkthrough to assess damage vs wear and tear before your exit is offered and may be refused by yourself. Did you do that? If a Landlord/Tenant checklist and pictorial record prior to your move-in can be supplied by your landlord, things should be straight and acceptable. Did you do a Landlord/Tenant checlist of the condition prior to move-in or shortly before move-out? Do you have any sort of written or pictorial records?
Once again for those hard of hearing, I don't need to know the law.
The law does not require me to have proof of anything - as a landlord you should know this.
The law requires the landlord to return the deposit in full, or prove with invoices the costs of making good, and still return the balance. These invoices may still be disputed.
We did - with material witnesses - do a walk round prior to leaving. There is no suggestion of damage.
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besty
ML - no it is not about any sort of breach.
The landlord does not have the money and is therefore stealing my deposit.
The landlord has been totally incommunicado since we surrendered vacant possession.
Totally.
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beksbks
In California, merely BEING a landlord is a capital offense!
Can one be more predictable??
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SnakesInTheTower
besty:
sell the debt
you could...someone will buy just about anything . It is possible to get the money if the money is there to get. If the debt is not substantial then it is not typically worth pursuing by an agency. Usually, collection agencies will take minimum 20% but that can reach 50% or more. You can tack on interest, legal costs, collection costs and penalties as allowed by law. If you sell the debt, expect only pennies on the dollar, especially since this is a single instance and not in a batch of hundreds or thousands of bad debt accounts.
And as someone said...judgement is one thing, recovery is another. Depending on the amount of the deposit, it may not be worth pursuing past small claims without an attorney. And if you dont think you will actually recover the money, why bother getting the judgment?
I currently work as a bill collector now and have in the past. I have gone up against a major real estate developer (and collected $8,000 in debt for my old employer that was a small businessman.... the debt was over 2 years old and he had given up on it. I collected the money anyway. I just was a bigger pain in their ass than he was. I threatened legal action..had no idea what at the time (though I did find out I had a strong case)....
In any case, good luck with the collections....
Snakes (Rich )
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JeffT
If he's a landlord, he has a building, that is an asset worth going after. Have your attorney put a lien on it. In theory you could freeze his ability to collect rent from current or future tenants while you settle the case. This will give him some incentive to settle.
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AGuest
Thanks, and may you all have peace!
A couple things:
First, it apppears that you want a 3rd party to take over the debt so as to pay you now, while you're fighting it out with the landlord. That might be tricky without first goig to court to establish that you are really owed a debt. You can almost always assign a debt and so IF the landlord does owe you, a third party to could over that debt. I can't think of a "wise" third party that would do so, however, without some kind of judgment from the court showing you're even entitled to it.
Second, I am not sure the information given here as to what California law is accurate. The prevailing law is pursuant to "SB90" as formalized in California Civil Code Section 1950.5, which provides that a landlord must give an ITEMIZED STATEMENT as to the intended disposition of the security deposit and return the amount to be refunded, IF ANY, within 21 days after the tenant has vacated... OR return the entire despoit (and not 2xs or treble damages. The landlord can charge 2xs the monthly rent as deposit for an unfurnished unit, and 3xs the monthly rent as deposit for a furnished unit).
California Civil Code Section 1950.5(g)(1) and (3) state:
"(g) (1) No later than 21 calendar days after the tenant has vacated the premises, but not earlier than the time that either the landlord or the tenant provides a notice to terminate the tenancy under Section 1946 or 1946.1, Section 1161 of the Code of Civil Procedure, or not earlier than 60 calendar days prior to the expiration of a fixed-term lease, the landlord shall furnish the tenant, by personal delivery or by first-class mail, postage prepaid, a copy of an itemized statement indicating the basis for, and the amount of, any security received and the disposition of the security and shall return any remaining portion of the security to the tenant."
Unless the paperwork can't be compiled... or the work completed within that time. In which case the landlord can deduct a good faith estimate, which must be resolved within 14 days after receipt or completion:
"(3) If a repair to be done by the landlord or the landlord's employee cannot reasonably be completed within 21 calendar days after the tenant has vacated the premises, or if the documents from a person or entity providing services, materials, or supplies are not in the landlord's possession within 21 calendar days after the tenant has vacated the premises, the landlord may deduct the amount of a good faith estimate of the charges that will be incurred and provide that estimate with the itemized statement. If the reason for the estimate is because the documents from a person or entity providing services, materials, or supplies are not in the landlord's possession, the itemized statement shall include the name, address, and telephone number of the person or entity. Within 14 calendar days of completing the repair or receiving the documentation, the landlord shall complete the requirements in paragraphs (1) and (2) in the manner specified."
Hear are some links that might help:
http://law.onecle.com/california/civil/1950.5.html
http://www.apt-assoc.com/sacSceneArchive/sacScene200401.html
Peace to you!
A slave of Christ,
SA... JD, CMH, COS, TCS, and California housing management diva...